REQUEST FOR

PROPOSAL

Master Plan for:

Vermillion River Greenway – City of Hastings

Dakota County Office of Planning

DUE July 27th

, 2018 – 4:30pm

Contents:

A. Purpose of Request

B. Background

C. General Project Description

D. Description of Services

E. Budget

F. Description of Dakota County Responsibilities

G. Project Schedule

H. Submittal Requirements

I. Evaluation Requirements

J. Submission Deadline

K. Contract

L. Public Records and Requests for Confidentiality

Attachments

Contact:

John Mertens

Dakota County Office of Planning

Western Service Center

14955 Galaxie Avenue

Apple Valley, Minnesota 55124

952-891-7036

john.mertens@co.dakota.mn.us

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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REQUEST FOR PROPOSAL

A. PURPOSE OF REQUEST

Dakota County seeks to enter into contract to prepare master plan for the Vermillion River

Greenway in Hastings. The plan will address all required elements for regional trail master plans

and integrate the Dakota County’s greenway vision of providing for multiple public purposes. The

plan will also include an assessment of existing trail condition, design, and potential for alignment

improvements. The master plan will include a natural resources management section that identifies

opportunities for water quality and habitat restoration. As part of the greenway vision an

interpretative plan will be a component of the overall plant that provides a detailed cultural

resources inventory and theme development with design concepts. The project will include a public

engagement process and technical advisory group composed of key community stakeholders.

The master plan will incorporate concepts and elements of the Dakota County Greenway

Guidebook linked below.

Adopted Greenway Guidebook:

http://www.co.dakota.mn.us/parks/Planning/Greenways/Pages/default.aspx

MnDOT Bikeway Design Manual:

http://www.dot.state.mn.us/bike/designmanual.html

B. BACKGROUND

The Vermillion River Greenway travels 5 miles from downtown Hastings along the Vermillion River to Marshan Township. Four miles of the five mile corridor has an existing trail facility. The master plan will evaluate alternatives for the one mile segment between Pleasant Dr. and Marshan Township. This master plan will provide the basis for future improvement projects that complete the corridor as a consistently designed regional greenway. The plan will assess and inventory the existing trails for surface condition, regional design standards and greenway elements.

Completion of the plan will allow Dakota County and City of Hastings to identify and prioritize greenway improvements. The plan will establish basis for transferring ownership/operations to Dakota County as the regional implementing agency. Today the trails and amenities within this corridor are managed by the City of Hastings.

Dakota County’s adopted Park System Plan identifies the following vision for regional greenways: Create a seamless and interconnected regional greenway framework of parks, natural areas, lakes and rivers from which to provide convenient and high quality recreation for our residents and to protect and restore Dakota County’s natural systems.

The master plan should evaluate the trail and surrounding corridor, taking into account: Water quality Habitat Recreation Non-motorized transportation Cultural and natural resource interpretation

These categories of benefits are core elements in the greenway vision. The goal for each

greenway corridor is to enhance all public purposes to the greatest extent possible.

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C. GENERAL PROJECT DESCRIPTION

County Management of the Project:

The Project Manager is John Mertens, Principal Planner for Dakota County. All work is to be

coordinated through a technical advisory group, with Dakota County staff serving as the primary

contact. The advisory group will consist of staff representing Dakota County and the City of

Hastings.

The technical advisory group will be provided regular opportunities to review and comment on the

work. Broader direction for the project will come from the advisory group with routine direction to

the consultant provided by Dakota County.

The overall study should identify opportunities and barriers to better serve the greater Hastings

community. As such, the master plan will evaluate accessibility to adjacent neighborhoods and

commercial areas and identify any short missing sidewalk segments or trail spurs needed.

The plan will also include a natural resource management plan (NRMP) chapter to identify

opportunities for restoration of habitat and water quality along the greenway. As well the plan will

inventory natural and cultural resources to be used as the basis for developing interpretative

themes along the corridors. Attachment A: Vermillion River Greenway-Hastings Map

General Master Plan Tasks:

Coordinating with existing agency plans (park, trail and natural resource plans)

Connections to existing and planned pedestrian system

Assessment of all trail/road crossings

Identifying habitat and ecological restoration opportunities

Identifying water quality improvement opportunities

Develop interpretative themes for overall corridors and specific locations

Locations of trailhead and trail access with monument signage/kiosks

Create detailed wayfinding signage plan

Add user support elements including bench, bike racks, trash etc.

Greenway Description:

1.) Vermillion River Greenway – Downtown Hastings to Marshan Township — 5 miles

From Downtown Hastings the greenway travels along Bailey Street to 8th Street where trail

meanders through open space to Ravenna Trail. The corridor continues along Ravenna

Trail across the Vermillion River where the trail connects into CP Adams Park. From CP

Adams Park the greenway travels along the gorge to Vermillion Falls Park. From Vermillion

Falls Park the trail travels under TH 61 and under CSAH 47 to Pleasant Dr. where the trail

currently connects to the city trail system. From Pleasant Drive to Marshan Township the

trail does not exist, the master plan will evaluate multiple trail alignment options for future

connection to Marshan Township.

Specific issues to address:

Assessment of condition and design of existing segments

Evaluate alignments from Pleasant Dr. to General Sieben Dr.

Evaluate alignments from General Sieben Dr. to Marshan Township

Establish overlooks, neighborhood gateways and trailheads

Re-asses winter maintenance of section of trail between Pleasant Drive & 160th Street

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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D. DESCRIPTION OF SERVICES

The consultant will be required to furnish and/or secure all labor, materials, transportation, tools,

supplies, equipment, coordination, approvals, etc. necessary for the successful completion of the

master plan. The major activities of the project include:

Inventory and assess the existing trail/greenway conditions

Evaluate the quality of pavement, width of trail, design speed, intersection safety, and other

operational qualities of the current trail. Recommend improvements as needed to bring the

trail up to regional standards.

Evaluate alignment options that enhance greenway experience

Convene and coordinate technical advisory group

Identify potential and existing conflict areas and steps for their resolution

Manage public participation process

Coordinate with major landowners (i.e. school districts, businesses, cities)

Identify local trail connections and important gaps in the local system

Apply consistent design standards including wayfinding signage

Define operation rules and generalized routine maintenance schedule

Prepare a natural resource management plan along corridor and provide stewardship

recommendations for greenway (See below)

Prepare interpretative plan (See below)

Identify surface and groundwater resources and opportunities for water quality improvement

such as infiltration basins and buffer strips

1. Prepare maps, design drawings, 3D Google flythrough over and layouts necessary for

exhibits to use during public involvement and material preparation depicting general

greenway boundaries.

2. Prepare cost estimates with a phased/prioritized implementation program.

3. Develop and conduct public participation and input meetings. The consultant is to include

its public participation process plans. The consultant is expected manage all mailings and

public meetings (including mailing lists & costs).

4. Coordinate (including agency communication), prepare for and conduct meetings with

agencies affected by the greenway projects beyond those represented on the TAG.

5. Conduct regular project team meetings with County staff/TAG and to prepare agendas,

minutes and meeting materials.

6. Develop and conduct meetings with major landowners and stakeholders identified in the

process.

7. Comply with Dakota County Standard Assurances (Attachment B), and Dakota County

Insurance Terms (Attachment C).

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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Interpretation (enhanced): The interpretation section of the master plan should provide a framework for guided and self-guided experiences. Research, synthesize and prioritize the cultural and natural resources themes and prominent stories along the corridor. Develop the best methods of interpretation to share themes and stories, and focus on ways to create action, whether the interpretation is focused on creating a better understanding of and relationship to the greenway and its cultural, natural and recreational resources, or assisting in stewardship of natural resources along greenway and adjacent community.

Ensure that all perspectives and all histories are taken into consideration and represented. If for some reason, this is not possible, than acknowledge the deficiency in perspectives. Identify of specific techniques for interpretation, including engaging, relevant and interactive elements, mobile driven technology, and traditional panels and signage. Link and map the themes and their methods of interpretation to specific sites, infrastructure, or resources along the greenway. (example: integrating interpretive elements into trailheads, neighborhood gateways and overlooks).

Natural Resources Management: The plan will also include a natural resource management plan (NRMP) chapter to restore/enhance habitat and water quality along the greenway corridor and adjacent to the corridor. The Natural Resource section of the plan will include MLCCS review as well as field assessment with Dakota County natural resources staff. The plan will identify natural resource opportunity areas along the corridor and provide management recommendation consistent with the existing natural resource management plans along the corridor.

Existing Natural Resource Management Plans:

http://www.hastingsmn.gov/city-government/city-departments/parks-recreation/natural-resource-

management-plans

E. PROJECT BUDGET RANGE FOR MASTER PLAN — Provide separate estimate for each of the below major work areas:

1.) Hastings Area Greenway Master Plan ($35,000 to $45,000) o Greenway Inventory and Assessmento Plan Preparationo 4 Technical Advisory Group meetingso 3 Landowner Meetingso 2 Public open houseso 4 Community presentations (city councils or advisory groups)

F. DESCRIPTION OF DAKOTA COUNTY RESPONSIBILITIES

1. Initial coordination: The County will initially assemble the Technical Advisory Group for thegreenway.

2. Dakota County will provide necessary GIS data layers, large-format printing and basicworking maps.

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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G. PROJECT SCHEDULE

The following is the desired schedule for the project: Action Date RFP issued July 2nd, 2018 Proposals received by Dakota County July 27th, 2018 County Board approval and execution of contract August 21, 2018 Project start September 4, 2018 Draft plan completed February 2019 Final Submittal to Metropolitan Council Spring 2019

The consultant selected shall provide a schedule with associated tasks and deliverables.

H. SUBMITTAL REQUIREMENTS

General Information

1. Proposal Format. Proposals should be submitted in .pdf via email smaller than 10MB or inan emailed link to an FTP site for download.

2. Examination of RFP. By submitting a proposal, the consultant represents that he or shehas thoroughly examined and become familiar with the work required under this RFP andthat he or she is capable of performing quality work to achieve the objectives of the County.

3. Addenda and Clarifications. Any changes to this RFP will be made by the County through awritten addendum. No verbal modification will be binding.

4. Pre-Contractual Expenses. Pre-contractual expenses are defined as expenses incurred bythe consultant in: 1) preparing its proposal in response to this RFP; 2) submitting thatproposal to the County; 3) negotiating with the County on any matter related to this RFP; 4)any other expenses incurred by the consultant prior to the date of execution of theproposed agreement.

The County shall not, in any event, be liable for any pre-contractual expenses incurred bythe consultant in the preparation of their proposals. Consultant shall not include any suchexpenses as part of their proposals.

5. Exceptions and Deviations. Any exceptions to the requirements in this RFP must beincluded in the proposal submitted by the consultant. Segregate such exceptions as aseparate element of the proposal under the heading “Exceptions and Deviations.”

6. Contract Award. Issuance of this RFP and receipt of proposals do not commit the Countyto the awarding of the contract. The County reserves the right to postpone opening for itsown convenience, to accept or reject any or all proposals received in response to this RFP,to negotiate with other than the selected consultant, should negotiations with the selectedconsultant be terminated, to negotiate with more than one consultant simultaneously, or tocancel all or part of this RFP.

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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7. County Rights. The County may investigate the qualifications of any consultant underconsideration and require confirmation of information furnished by the consultant, andrequire additional evidence of qualifications, to perform the work described in this RFP. TheCounty reserves the right to:

a. Reject any or all proposals if such action is in the public interest;b. Cancel the entire Request for Proposals;c. Issue a subsequent Request for Proposals;d. Remedy technical errors in a Request for Proposals process;e. Appoint evaluation committees to review the proposals;f. Establish a short list of consultants eligible for interview after evaluation of written

proposals;g. Extend the deadline or accept late proposals under extenuating circumstances at

its discretion;h. Negotiate with any, all, or none of the RFP consultants; andi. Reject and replace one or more subcontractors.

8. Independent Contractor Status. The consultant will be an independent consultant andnothing contained in any contract awarded shall be construed to create the relationship ofemployer and employee between County and the consultant. The consultant is not entitledto receive any of the benefits by County employees and is not eligible for workers’ orunemployment compensation benefits. The consultant understands that no withholding ordeduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made frompayments due the consultant and that it is the consultant’s sole obligation to comply withthe applicable provisions of all federal and state tax laws.

The Letter of Submittal shall include:

1. Name, address, phone number of the firm;2. Acknowledgement of receipt of RFP addenda, if any;3. Name, title, address, telephone, and email address, of contact person during the period of

evaluation;4. A statement to the effect that the proposal shall remain valid for a period of not less than

120 days from the date of submittal; and5. Signature of a person authorized to bind the offering firm to the terms of the proposal.

The Following Should Be Provided Within the Proposal:

1. Briefly describe the project understanding and approach used by your firm. Give a briefdescription of issues you believe significant on this project; your approach to needed publicparticipation; how you intend to use existing information to help limit project costs; anyunique options to be pursued for this project; and a brief outline of your project approach.

2. Key Personnel. Project Manager: Provide a description of the project manager and theirqualifications for this project and a detailed list of previous projects worked on with the firmthat are relevant to the project. If it is possible that more than one project manager will beassigned to various specialty areas, please provide multiple descriptions.

Key Support Personnel: Provide a brief list of key personnel that will be assigned to this project. Identify their area of expertise and how they have worked with the project manager on previous projects.

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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3. Structural Design. Give a brief description of your firm’s experience with trail projects.Identify and provide a resume for the engineer who will provide the engineering assessmentfor grade separated crossings and greenway cost estimates.

4. Sub-consultants. Describe the name and location of other sub-consultants that would beused by the firm. Identify the approximate percentage of the work that would be performedby each firm.

5. Fee Estimate. Provide an estimate of the total project design costs per the defined scope ofwork for the master plan. The fee estimate shall be broken into work tasks with an hourlyestimate of time required by each project person or sub-consultant. Any allowances forproject costs, such as mileage or indirect office costs, should be identified. The actual feewill be based on hourly and reimbursable costs with a not-to-exceed maximum contractamount.

6. Statement of Compliance: The consultant will need to include a Statement of Compliance tothe terms identified for Standard Assurances (Attachment B), and Insurance Terms(Attachment C) and Non-Collusion-Tennessen Notice (Attachment D).

7. Conflict of Interest. The Consultant must identify any potential conflict of interest it mayhave providing the services contemplated by this RFP.

8. Other information you believe may be valuable in reviewing the qualifications of your firm.

I. EVALUATION REQUIREMENTS

A review of each proposal by Dakota County will identify those consultant firms that most closely meet the needs for the project. Upon review of the proposals, top candidate firm(s) may be asked to make a presentation and be interviewed by the selection committee.

Factors to be considered by the selection committee will include, but not be limited to the following:

1. Qualifications and experience of the firm relating to previous similar projects.2. Project Design Team — qualifications and experience of the project manager and key staff

proposed to work on the project, experience on previous similar projects and availability ofthe key staff members.

3. Grasp of project requirements — the firm’s analysis, interview preparation and level ofinterest.

4. Design approach/methodology — technical alternatives, creativity and problem solvingability.

5. Responsiveness — compatibility between consultant and the member agencies, generalattitude, ability to communicate with each of the agencies.

6. Fee estimate — understanding total project cost toward a completed master plan.

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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J. SUBMISSION DEADLINE

One (1) electronic copy (.pdf format) smaller than 15MB shall be submitted by 4:30 p.m., Central time, on July 27th, 2018, to the email address below:

John Mertens john.mertens@co.dakota.mn.us

Dakota County Office of Planning Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124

K. CONTRACT

The term of the contract to be awarded under this RFP will be from the date executed by all parties until services are complete. The County will prepare a contract with the selected consultant. The County will use its standard contract terms and conditions, which are available upon request. The selected consultant must be willing to sign a contract that will incorporate the RFP plus attachments, the response to the request for proposal and any other terms negotiated by the parties.

L. PUBLIC RECORDS AND REQUESTS FOR CONFIDENTIALITY

Pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.591, the names of all entities that submitted a timely bid/proposal to Dakota County will be public once opened. All other information remains private until Dakota County has completed negotiating a contract with the selected Responder. After a contract has been negotiated, all information received is public information except “trade secret” information as defined in Minnesota Statutes Section 13.37. All information submitted by a Responder therefore shall be treated as public information by Dakota County unless the Responder properly requests that information be treated as a confidential trade secret at the time of submitting the bid/proposal.

Any request for confidential treatment of trade secret information in a Responder’s proposal must sufficiently describe the facts that support the classification of information as confidential trade secret. The request must include the name, address, and telephone number of the person authorized by the Responder to answer any inquiries by Dakota County concerning the request for confidentiality. This information shall be provided on the Trade Secret Information Form, see Exhibit OR ATTACHMENT D. Dakota County reserves the right to make the final determination of whether data identified as confidential trade secret by a Responder falls within the trade secret exemption in the Minnesota Government Data Practices Act.

The envelope or mailing container of any documents submitted with the proposal that the Responder believes contain confidential trade secret information must be clearly marked as containing confidential trade secret information. Each page upon which trade secret information appears must be marked as containing confidential trade secret information.

In addition to marking the documents as confidential, the Responder must submit one paper and one digital copy of the proposal from which the confidential trade secret information has been

REQUEST FOR PROPOSAL MASTER PLAN — VERMILLION RIVER GREENWAY (CITY OF HASTINGS)

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excised. The confidential trade secret information must be excised in such a way as to allow the public to determine the general nature of the information removed while retaining as much of the document as possible.

The Responder’s failure to request confidential treatment of confidential trade secret information pursuant to this subsection will be deemed by Dakota County as a waiver by the Responder of any confidential treatment of the trade secret information in the bid or proposal. Requests by the public for the release of information held by Dakota County are subject to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Responders are encouraged to familiarize themselves with these provisions prior to submitting a proposal.

By submitting this bid or proposal, Responder agrees to indemnify and hold the County, its agents and employees, harmless from any claims or causes of action relating to the County’s withholding of data based upon reliance on the representations that the information is a trade secret as defined in Minnesota Statutes Section 13.37 and therefore is not public, including the payment of all costs and attorney fees incurred by the County in defending such an action.

ATTACHMENTS:

A. Segment Maps (MRRT & Vermillion River Greenway) B. Sample Contract C. Non-Collusion and Conflict of Interest Statement D. Trade Secret Information Form E. Standard Assurances

JAYCEESPARK

LAKEREBECCA

PARKVETERANSMEMORIAL

PARK

WILSONPARK

LIONSPARK

LAKEISABELLE

PARKROADSIDE

PARKTODDFIELDPARKCONZEMIUS

PARK

PIONEERPARK C. P.

ADAMS PARK

CON AGRA PARK OLD MILL PARKVERMILLIANFALLS PARK

WESTWOODPARK

PARK

PARK

Hastings LoopCompletes 10Mile Off-RoadTrail Route

TH 61

Point Douglas Regional Trail

Mississippi RiverRegional Trail

TH 55

Mississippi RiverVermillion RiverRegional Greenway

Hastings Area Trails

0 0.5 10.25

Miles

Vermillion River GreenwayExisting Regional TrailFuture Regional TrailLocal Trails

Hastings to Red Wing Trail(Alternative 1)

Nininger Township

MarshanTownship

CSAH 42

Hastings to Red Wing Trail(Alternative 2)

Contract No. C00

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ATTACHMENT B CONTRACT WITH THE COUNTY OF DAKOTA

FOR PROFESSIONAL SERVICES

This Contract is made and entered into with the County of Dakota, by and through Dakota County Physical Development Administration, 14955 Galaxie Avenue, Apple Valley, MN 55124, hereinafter "County" and

, hereinafter "Contractor".

WHEREAS, Contractor desires to and is capable of providing the necessary professional services according to the terms and conditions stated herein.

NOW, THEREFORE, in consideration of the mutual promises and agreements made herein the parties agree as follows:

1. CONTRACTOR’S OBLIGATION: Contractor shall provide the following services, described as: and

more specifically in accordance with Dakota County’s Request for Proposal, attached hereto andincorporated by reference herein as Exhibit A and the Contractor’s Proposal, attached hereto andincorporated by reference herein as Exhibit B. If there are any inconsistencies between this Agreement andExhibit A or B, the priority of documents shall be as follows: 1) This Agreement; 2) The County’s Requestfor Request for Proposal (Exhibit A); 3) The Contractor’s Proposal (Exhibit B).

2. TERM. The term of this Contract is from the date of execution by all parties through , unless earlier

terminated by law or according to the provisions of this Contract.

3. COMPENSATION AND PAYMENT. The County agrees to pay for the above described professionalservices, including expenses and sales tax, in accordance with Exhibit A and in an amount not to exceed

(Contract Maximum).

4. LIAISON. Contractor shall work closely with the County’s liaison, , (phone number).

5. GENERAL CONDITIONS. The General Conditions set forth below are incorporated herein.

GENERAL CONDITIONS

INDEPENDENT CONTRACTOR. Contractor is an independent contractor and nothing in this Contract shall be construed to create the relationship of agents, partners, joint venturers, associates, or employer and employee between the County and Contractor. TIMELINESS. Time is of the essence in this Contract. The failure of either party to perform its obligations in a timely manner may be considered by the other party as a material breach. FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. LICENSES. At its own expense, Contractor shall procure all licenses, permits or other rights required for the provision of services contemplated by this Contract. Contractor shall inform the County of any changes in the above within five (5) days of occurrence. INDEMNIFICATION. Any and all claims that arise or may arise against Contractor, its agents, servants or employees as a consequence of any act or omission on the part of Contractor or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the County. Contractor shall indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the County, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. ASSIGNMENT/SUBCONTRACTING. The Contractor shall not assign or subcontract this Contract without prior written consent of the County, in which case Contractor is responsible for the performance of its subcontractors or assignees. Contractor shall follow the requirements of Minn. Stat. § 471.425 (payments to subcontractors), shall require the subcontractor to provide proof of the below-described insurance to the County prior to

Contract No. C00

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beginning work under this Contract and shall require the subcontractor to agree in writing to defend, hold harmless and indemnify the County from any and all liability arising out of the subcontractor’s performance of its duties. Contractor shall require each subcontractor, to the extent of the work to be performed by the subcontractor, to be bound by the terms of this Contract. INSURANCE TERMS. Contractor shall provide to the County, prior to or concurrent with the execution of this Contract, certificate(s) of insurance naming Dakota County as certificate holder or certified copies of such existing policies of insurance, demonstrating:

General liability coverage of at least $1,500,000 per occurrence and aggregate and naming Dakota County as an additional insured; Automobile liability coverage of at least $1,500,000 per occurrence and aggregate and naming Dakota County as an additional insured;

Professional Liability (errors and omissions) insurance with respect to its professional activities to be

performed under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and

aggregate (if applicable). Coverage under such policy may be subject to a deductible, not to exceed

$25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from

Contract termination; Workers’ compensation coverage or certification of excluded employment from workers’ compensation requirements.

Contractor shall pay all retentions and deductibles under such policies of insurance. If Contractor does not have existing coverage(s) or has coverage(s) in limits less than that set out above, Contractor must obtain from the County, prior to or concurrent with the execution of this Contract, a waiver of the coverage(s) or agreement to lower coverage limits from the County. At least ten (10) days prior to termination of any such coverage, Contractor shall provide County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. RECORDS/AUDITS. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. DATA PRIVACY. For purposes of this Contract all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as Federal laws on data privacy, and Contractor must comply with those requirements as if it were a governmental entity. The Contractor will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. OWNERSHIP OF WORK PRODUCT. Ownership of all drawings, reports, and other work products prepared or produced in performance of this Contract, including those in electronic form, shall be transmitted to the County upon completion or termination of the project and final payment to the Contractor. Contractor agrees that all right, title, and interest in all copyrightable material which Contractor shall conceive or originate, either individually or jointly with others, and which arises out of the performance of this Contract, are the property of the County and are by this Contract assigned to the County along with ownership of any and all copyrights in the copyrightable material. Contractor shall retain ownership of and all rights to proprietary materials developed outside this project that Contractor has already copyrighted before the date of this Contract, even though they are used as components in the procurement process in performance of this Contract. The determination as to the rights to inventions made in the course of or in the performance of this Contract shall be made exclusively by the County and the County shall have an irrevocable, non-exclusive and royalty-free license to practice and use, and let any public agency practice and use, any such invention. CONFIDENTIALITY CLAUSE. Contractor acknowledges that the County in connection with Contractor’s performance of this Contract may transmit certain private or Confidential Information, as defined in the Minnesota Data Practices Act, to Contractor. Contractor agrees to implement such procedures as are necessary to assure protection of the private and Confidential Information. COMPLIANCE WITH LAWS/STANDARDS. Contractor shall abide by all Federal, State and local laws; statutes, ordinances, rules and regulations pertaining to this Contract and this Contract shall be construed in accordance with the substantive and procedural laws of the State of Minnesota. All proceedings related to this Contract shall be venued in the County of Dakota, State of Minnesota.

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NON-DISCRIMINATION. Contractor agrees that, in the hiring of all labor for the performance of any work under this Contract, it will not, by reason of race, creed, color, sex, national origin, disability, sexual orientation, age, marital status or public assistance status, discriminate against any person who is a citizen of the United States and who qualifies and is available to perform the work to which such employment relates. Contractor agrees to comply with all Federal, State, and local non-discrimination laws and ordinances, in particular the applicable provisions of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972. When required by law or requested by the County, Contractor shall furnish a written affirmative action plan. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION. By signing this Contract the Contractor is certifying that the federal government or the Minnesota Commissioner of Administration has not suspended or debarred the Contractor or its Principals and Employees, based upon Federal Regulation 45 CFR 92.35 and Minn. Stat. §16C.03, subd. 2, respectively. Contractors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. EXPRESS WARRANTIES. Contractor guarantees that the services it provides shall follow guidelines and specifications provided by the County and will comply with standards of performance generally accepted in the industry. TERMINATION WITHOUT CAUSE. The County upon thirty (30) days written notice to the Contractor may terminate this Contract without cause. TERMINATION FOR CAUSE. In addition to other specifically stated terms of this Contract or as otherwise provided by law, the following conditions, unless excused shall warrant termination of this Contract for cause: A. Making material misrepresentations either in the attached exhibits and documents or in any other material

provision or condition relied upon in the making of this Contract. B. Failure to provide services or payment called for by this Contract within the time specified herein or any

extension thereof. C. Failure to perform any other material provision of this Contract. D. Failure to diligently administer the work so as to endanger performance of the terms of this Contract. NOTICE. Either party may terminate this Contract for cause by giving seven (7) days written notice of its intent to terminate to the other party unless a different procedure and/or effective date is provided within the specific article or paragraph of this Contract under which the default, failure or termination occurs. Said notice shall specify the circumstances warranting termination of the Contract. The terminating party has the option, but is not required, to provide the other party an opportunity to cure the specified default. If an opportunity to cure is provided, it shall be specifically described in the Notice of Termination. DELIVERY OF NOTICE/EFFECTIVE DATE. Notice of Termination for cause or without cause shall be made by certified mail or personal delivery to the authorized agent of the other party. Notice is deemed effective upon delivery of the Notice of Termination to the name and address of the person who signs this Contract for each party. DUTIES OF CONTRACTOR UPON TERMINATION WITH CAUSE OR WITHOUT CAUSE. Upon delivery of the Notice of Termination, and except as otherwise provided, Contractor shall: A. Discontinue provision of services under this Contract on the date and to the extent specified in the Notice of

Termination. B. Immediately notify all clients who are receiving services pursuant to this Contract. C. Cancel all orders and subcontracts to the extent that they relate to the performance of services cancelled by

the Notice of Termination. D. Complete performance of such services as shall not have been cancelled by the Notice of Termination. E. Return all County property in their possession within seven (7) days to the extent that it relates to the

performance of services cancelled by the Notice of Termination. F. Submit an invoice for the performance of services prior to the effective date of termination within thirty (30)

days of said date. G. Maintain all records relating to the performance of the Contract as may be required by the County or State

law. DUTIES OF COUNTY UPON TERMINATION OF THE CONTRACT FOR CAUSE OR WITHOUT CAUSE. Upon delivery of the Notice of Termination, and except as otherwise provided, the County: A. Shall make within thirty (30) days of its receipt of Contractor’s invoice referenced in paragraph F above, final

payment for any services satisfactorily provided up through the date of termination in accordance with the terms of this Contract.

B. Shall not be liable for any services provided after notice of termination, except as stated above or as authorized by the County in writing.

Contract No. C00

OM_PS50K Professional Services Page 4

EFFECT OF TERMINATION FOR CAUSE OR WITHOUT CAUSE. Termination of this Contract shall not discharge any liability, responsibility or right of any party that arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. TERMINATION BY COUNTY – LACK OF FUNDING. Notwithstanding any provision of this Contract to the contrary, the County may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. Written notice of termination sent by the County to Contractor by facsimile is sufficient notice under the terms of this Contract. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Contract is terminated due to lack of funding. DAMAGES FOR BREACH/SET-OFF. Notwithstanding any other provision of this Contract to the contrary, upon breach of this Contract by Contractor the County may withhold final payment due Contractor for purposes of set-off until such time as the exact amount of damages due is determined. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing and signed by the authorized representatives of the parties. WAGE WITHHOLDING TAX. Pursuant to Minn. Stat. § 290.97, the County shall make final payment to Contractor only upon satisfactory showing that Contractor and any subcontractors have complied with the provisions of Minn. Stat. § 290.92 with respect to withholding taxes, penalties, or interest arising from this Contract. A certificate by the commissioner of revenue (Minnesota Department of Revenue Form IC-134, entitled “Withholding Affidavit for Contractors”) shall satisfy this requirement with respect to Contractor or subcontractor. Form IC-134 Form and Instructions are found at http://www.taxes.state.mn.us/forms/ic134.pdf.

6. ENTIRE AGREEMENT. This Contract, including the General Conditions and Exhibits, is the finalexpression of the agreement of the parties and the complete and exclusive statement of the terms agreedupon.

IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below.

COUNTY OF DAKOTA Contractor (I represent and warrant that I am authorized by law to execute this contract and legally bind the Contractor.)

SAMPLE By: By: SAMPLE

Steven C. Mielke, Director (Signature Line Please Use Blue Ink)

Physical Development Division Date of Signature: SAMPLE SAMPLE

(Print Name and Title)

Contract Number:

Board Resolution No.:

Date of Signature: SAMPLE

ATTACHMENT C: Non-Collusion and Conflict of Interest Statement

Please print or type (in ink)

CONTRACTOR NAME: _____________________________ FEDERAL TAX ID NUMBER: ____________

Company Address: _____________________________________________________________________

City: ________________________________ State: ________ Zip Code: __________

Contact Person: _____________________________________ Title:______________________________

Phone Number: _______________ Fax Number: ________________ email: ______________________

In signing this bid, proposal or quote, Contractor certifies that it has not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of the competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid, proposal or quote; that this bid, proposal or quote has been independently arrived at without collusion with any other party submitting a bid, proposal or quote, competitor or potential competitor, that this bid, proposal or quote has not been knowingly disclosed prior to the opening of the bids, proposals or quotes to any bid, proposal or quote competitor; that the above statement is accurate under penalty or perjury.

Contractor also certifies that to the best of its knowledge none of its owners, directors, officers or principals (collectively, “Corporate Executive”) are closely related to any County employee who has or may appear to have any control over the award, management, or evaluation of the contract. A Contractor’s Corporate Executive is closely related when any of the following circumstances exist:

1. A Corporate Executive and any County employee who has or appears to have any control over the award,management or evaluation of the contract are related by blood, marriage or adoption; or

2. A Corporate Executive and any County employee who has or appears to have any control over the award,management or evaluation of the contract are current or former business partners, co-workers, or have otherwisepreviously worked closely together in the private or public sector; or

3. A Corporate Executive and any County employee who has or appears to have any control over the award,management or evaluation of the contract share a personal relationship that is beyond that of a mereacquaintance, including but not limited to friendship or family friendship.

If one or more of the above circumstances exist, Contractor must disclose such circumstance(s) to Dakota County in writing. Failure to disclose such circumstances invalidates the Contract.

Contractor will comply with all terms, conditions, specifications required by the party submitting a bid, proposal or quote in this Request for Bid, Proposal or Quote and all terms of our bid, proposal or quote response.

___________________________________________ _____________________________ ___________ Authorized Signature Title Date

You are advised that according to Dakota County Board Resolution 12-508, if there is a question as to whether there may be an appearance of a conflict of interest, the contract shall be presented to the County Board for approval, regardless of the amount of the contract. Whether a conflict of interest or the appearance of a conflict of interest exists is a determination made by Dakota County.

Submit this form as part of the Bid, Proposal or Quote response.

V.6 Revised: 2/2016 JET/LSO

ATTACHMENT D

Trade Secret Information Form

The following form must be provided by Responder to assist the County in making appropriate determinations about the release of data provided in Responder’s bid or proposal.

All responders must select one of the following boxes:

My bid/proposal does not contain “trade secret information”, as defined in Minn. Stat. § 13.37, Subd. 1(b). I understand that my entire bid/proposal will become public record in accordance with Minn. Stat. § 13.591.

My bid/proposal does contain “trade secret information” because it contains data that:

1. (a) is a formula, pattern, compilation, program, device, method, technique or process;AND

(b) is the subject of efforts by myself or my organization that are reasonable under thecircumstances to maintain its secrecy; AND

(c) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. I have submitted one paper and one digital copy of my bid or proposal from which the confidential trade secret information has been excised. The confidential trade secret information has been excised in such a way as to allow the public to determine the general nature of the information removed while retaining as much of the document as possible AND I am attaching an explanation justifying the trade secret designation.

Please note that failure to attach an explanation may result in a determination that the data does not meet the statutory trade secret definition. All data for which trade secret status is not justified will become public in accordance with Minn. Stat. § 13.591.

SA6

Standard

Revised: 03/14

EXHIBIT E

STANDARD ASSURANCES

1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully

discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin,

disability, sexual orientation, age, marital status, veteran’s status or public assistance status. The Contractor will take

affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful

discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital

status, veteran’s status or public assistance status. Such action shall include, but not be limited to the following: employment,

upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of

compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,

available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause.

The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all

qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national

origin, disability, sexual orientation, age, marital status, veteran’s status or public assistance status.

No funds received under this Contract shall be used to provide religious or sectarian training or services.

The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list

includes, but is not meant to limit, laws which may be applicable:

A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq. which prohibits

discrimination in employment because of race, color, religion, sex or national origin.

B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S.

Government contractors and subcontractors because of race, color, religion, sex or national origin.

C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3 (J) and (K) implementing

Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in

federally-funded services or employment.

D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended, and Minn. Stat. § 181.81,

which generally prohibit discrimination because of age.

E. The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate

on the basis of sex by paying employees of different sexes differently for the same work.

F. Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color, creed, religion,

national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age.

G. Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state

or political subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any

second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract.

H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611, with

regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term,

condition or privilege of employment.

I. Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, with regulations at 41

C.F.R. Part 60-250, which prohibits discrimination in employment against protected veterans.

2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used, maintained, or

disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government

Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as

well as any applicable Federal laws on data privacy. Contractor must comply with the applicable data management

requirements as if it were a governmental entity. The remedies in Minn. Stat. section 13.08 apply to the Contractor.

Contractor does not have a duty to provide access to public data to the public if the public data are available from the

governmental agency (County), except as required by the terms of this Contract. All subcontracts shall contain the same or

similar data practices compliance requirements.

3. HEALTH DATA PRIVACY. The Contractor agrees to comply with the requirements of the Health Insurance

Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act

(HITECH) when applicable to the Contractor’s duties under this Contract. When applicable, Contractor agrees to comply with

the HIPAA and HITECH Privacy requirements, Standards for Electronic Transactions, Security requirements, and any other

applicable health data laws, rules, standards and requirements in effect during the term of this Agreement.

4. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting

procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription

and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences

are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds

are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from

the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period.

5. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and

safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to

ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract.

Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when

applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply

with federal, state and local occupational safety and health standards, regulations and rules promulgated pursuant to the

Occupational Health and Safety Act which are applicable to the work to be performed by Contractor.

6. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION. Federal

Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who

have been suspended or debarred by the federal government. Similarly, Minnesota Statutes, Section 16C.03, subd. 2 provides

the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the

State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that

they have abused the public trust in a serious manner.

By Signing This Contract, The Contractor Certifies That It And Its Principals* And Employees:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

transacting business by or with any federal, state or local governmental department or agency; and

B. Have not within a three-year period preceding this Contract: 1) been convicted of or had a civil judgment rendered

against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a

public (federal, state or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed

embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen

property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of

fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local)

transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery,

falsification or destruction of records, making false statements or receiving stolen property; and

D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work

pursuant to this Contract are in violation of any of the certifications set forth above.

E. Shall immediately give written notice to the Contracting Officer should Contractor come under investigation for

allegations of fraud or a criminal offense in connection with obtaining, or performing a public (federal, state or local

government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery,

falsification or destruction of records, making false statements or receiving stolen property.

*“Principals” for the purposes of this certification means officers; directors; owners; partners; and persons having primary

management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a

subsidiary, division, or business segment and similar positions).

Directions for On Line Access to Excluded Providers

To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of

Inspector General (OIG) website at http://oig.hhs.gov/fraud/exclusions/listofexcluded.html.

Attycv/ Exh SA6-Standard(03-14)