2026_44_RFP_PW_Curb_Management_Technology.pdf

Request for Proposals

City of Minneapolis

Public Works

Curb Management Technology

SMART (Strengthening Mobility and Revolutionizing

Transportation) Stage Two Grant 69A3552541039

RFP 2026-44 / Event #0000004185 Issue Date: August 24, 2026

Proposals Due by: September 21 at 2:00 PM, Minneapolis Time

Table of Contents

RFP General Information Page

I. Invitation II. Pre-Proposal Conference III. Proposal Due-Date and Location IV. Schedule V. Proposal Overview VI. Proposal Format VII. Evaluation of Proposals – Vendor Selection VIII. Contract IX. Contract Term X. Department Contact/Request for clarification XI. Rejection of Proposals XII. Addenda to the RFP XIII. Proposer Responsibility XIV. Partial and Multiple Awards XV. Prohibited Contacts XVI. Readability XVII. Changes or Corrections in Submitted Proposals XVIII. Errors in Proposals XIX. Withdrawals in Proposals XX. Incorporation of RFP and Proposal in Contract XXI. Data Practices XXII. Washington State Public Records Act XXIII. Site Visits XXIV. Federal Davis-Bacon and Related Acts XXV. City of Seattle Prevailing Wage Requirements XXVI. Prevailing Wage Rates

Attachment A – City of Minneapolis RFP Terms and Conditions Attachment B – City of Minneapolis Conditions for Federal Grant Funded Contracts Attachment C – Scope of Services Attachment D – Project Study Areas and Objectives Attachment E – Reference Data for Technology Deployment Attachment F – Technical Specifications ...................................................... (Separate Attachment) Attachment G – Costs Template Attachment H – City of Seattle RFP Terms and Conditions…….…………………………..… 61 Attachment I – City of Seattle Required Forms Packet……………………..(Separate Attachment) Attachment J – SMART Grant Agreement………………………………….. (Separate Attachment) Attachment K – Phase Two Evaluation Reference Scenario Packet……………………………72 Attachment L – Phase One Evaluation Criteria Score Sheet Template….…(Separate Attachment)

REQUEST FOR PROPOSALS

FOR

Curb Management Technology I. INVITATION: I t is the intention of the City of Minneapolis and the City of Seattle (collectively referred to as “Cities”) to solicit proposals for vendors to supply curb management technology and related services (“Vendors” or “Contractors”) to support data-driven curb operations and digital curb infrastructure deployments within the public right-of-way.

The City of Minneapolis, in partnership with the City of Seattle, is issuing this Request for Proposals (“RFP”) to identify qualified vendors across multiple technology categories, including sensing, data aggregation, analytics, and communication systems. The City of Minneapolis will be the lead agency for this solicitation.

The scope of work is generally described in the “Scope of Services” (Attachment C), including a Strengthening Mobility and Revolutionizing Transportation (“SMART”) grant project overview, RFP overview and objectives, and project background detailing responsibilities, requirements, and the relationship between the Vendor(s), the Cities, and other parties involved in the project.

This procurement will be conducted in a manner providing full and open competition consistent with each city’s procurement requirements and the federal SMART grant agreement, (Attachment I) incorporated as part of this solicitation.

All Proposers must comply with the provisions of the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act. The law provides that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap/disabled, or age be denied the benefits of, be excluded form participation in, or be subjected to, discrimination under any program or activity receiving federal financial assistance.

“The City of Minneapolis, as Recipient of the referenced federal-aid, and the City of Seattle, as subrecipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

II. PRE-PROPOSAL CONFERENCE: A pre-proposal conference will be held, virtually (Via Microsoft Teams) at 2:30 pm (CDT), September 2, 2026.

Link – Join the meeting

Dial in by phone 612-276-6670 United States, Minneapolis Phone conference ID: 799 046 404# All potential Vendors are encouraged to attend this conference.

III. PROPOSAL DUE DATE and LOCATION: All proposals must be submitted electronically through the eSupplier Portal. If you are already a City of Minneapolis supplier, you should have received an email containing your eSupplier User ID and Password. If you do not remember your password, click on the “Forgot Password” tile to enter your User ID and a new password will be emailed to you. If you are not already a City of Minneapolis supplier, click on the eSupplier link below and then click on the “Bidder Registration” tile to register. If you need further assistance with eSupplier, please send an email to eprocurement@minneapolismn.gov eSupplier Portal – Electronic Proposal Submission https://comet-fs.ci.minneapolis.mn.us/psc/supplier

NOTE: Late Proposals will not be accepted.

IV. SCHEDULE: The following is a listing of key Proposal and Project milestones. The anticipated procurement schedule is provided for planning purposes only and is subject to change at the sole discretion of the Cities. The Cities reserve the right to modify, delay, or cancel any aspect of the procurement process, including but not limited to the issuance of addenda, evaluation timelines, interviews, and award decisions, as deemed necessary to ensure a fair and thorough review.

The Cities are not bound by the dates set forth in this schedule and may adjust the timeline without prior notice. Vendors are encouraged to monitor all procurement communications for updates throughout the solicitation process.

RFP Release 8/24/2026 Pre-Proposal Conference 9/2/2026 at 2:30pm CDT Questions on RFP Due by 9/4/2026 Responses to Questions posted by 9/11/2026 Proposals due by 9/21/2026 at 2:00pm

Estimated Vendor Interviews 10/12/2026 - 10/16/2026 Estimated Vendor selection 10/21/2026 Estimated services end date 12/31/2028 https://teams.microsoft.com/meet/258031358875534?p=IXjQFogL0zg7qwnd2A mailto:eprocurement@minneapolismn.gov https://comet-fs.ci.minneapolis.mn.us/psc/supplier

V. PROPOSAL OVERVIEW: Vendors may submit proposals for one or both Cities. Please note the City of Seattle is only soliciting vendors for four of the seven technology categories in Attachment C: Scope of Services, while the City of Minneapolis is soliciting for all seven.

Attachment C specifies which technology category services each City seeks.

The Cities each have included respective terms and conditions within this RFP as separate attachments (Attachment A for the City of Minneapolis, and Attachment H for the City of Seattle). By submitting a proposal for the City of Minneapolis, the City of Seattle, or submitting for both Cities, the Vendor agrees to comply with each city’s applicable terms and conditions as provided herein, as applicable.

VI. PROPOSAL FORMAT: The Vendor shall provide the appropriate information in sufficient detail to demonstrate that the evaluation criteria has been satisfied as specified in Section VIII titled “EVALUATION OF PROPOSALS”.

To allow for effective comparison of proposals during evaluation, proposals should contain the following sections and appendices and be arranged in consecutive order. There is no general page limit, although we encourage efficient use of space, and there are no specific proposal format requirements beyond those set forth in the requirements of this section.

1. Executive Summary: Summary of the proposal, including a clear statement of the Vendor’s understanding of the RFP, a summary of the Scope of Work, and at minimum, an outline of the contents of the proposal and summary of the proposed services.

2. Vendor Qualifications and Organizational Information: Please include all required information:

1. Corporate Overview: A brief description of the vendor’s organization, including years in operation, primary areas of expertise, and relevant business units supporting the proposed solution.

2. Relevant Deployment Experience: Descriptions of at least three (3) prior deployments involving technologies or systems like those proposed. Each project description must include client name, project location, scope of deployment, technologies implemented, scale of implementation, and outcomes or performance results where available. Project descriptions may or may not be related to curb management.

3. References: Contact information for at least three (3) references from organizations that have implemented the proposed or similar technologies. References should be able to provide information about system performance, vendor responsiveness, and implementation experience. References should ideally be associated with relevant deployment experience project examples.

4. Project Team: Identification of key personnel who will support implementation and installation, including roles, relevant qualifications, and experience with similar deployments.

5. Evidence of Technical Maturity and Product Readiness: A description of the maturity level of the proposed technology, including development status, and any limitations, constraints, or sub-components that may affect deployment at scale.

Proposers may include an estimated Technology Readiness Level (TRL) and justification for such level.

6. Scope of Services: Please describe in detail how your firm will approach the Project, showing that you understand the goals and objectives. This information should be provided as outlined in the Attachment C: Scope of Services and the Attachment F:

Technical Specifications Worksheet. Please also include the following details as applicable to the offered solution(s):

i. Installation, configuration, and onboarding process, including support, training, and customer service availability

ii. Maintenance and monitoring practices

iii. Willingness to work with other vendors and limitations on working with other vendors

3. Attachment F: Technical Specifications: Please complete Attachment F by responding to all questions for any technology category for which the Vendor is proposing. Please refer to Attachment F for additional detailed instructions.

4. Attachment G: Cost Proposal: Please complete Attachment G by providing unitized pricing for the proposed technology solution(s). Vendors shall provide unit costs for applicable hardware (e.g., cameras, sensors, signs, controllers, or other equipment) and one (1) month of recurring software, licensing, subscription, or data service costs, or contracted services for service-based technology as applicable.

5. Conflicts of Interest: Vendors must disclose any actual or potential conflicts of interest. The Cities reserve the right to disqualify proposals where a conflict is determined to impair fair competition.

VII. EVALUATION OF PROPOSALS – SELECTION OF VENDOR:

Proposals will undergo an initial responsiveness and responsibility review to confirm all required documents have been submitted, and the proposal complies with the instructions outlined in the RFP. Proposals deemed responsive and responsible will then move forward in the evaluation process.

Proposals will be evaluated by an Evaluation Panel made up of representatives of the City of Minneapolis, Department of Public Works – Traffic and Parking Services Division, the City of Seattle Curbside Management Team, and other City staff and City partner assistance as they may require. Vendors must indicate, by technology category, that they are proposing to provide their technologies for Minneapolis, Seattle, or both.

The evaluation process will consist of two phases. Phase One will evaluate written proposals to identify the highest-ranked Vendors within each technology category. Phase Two will consist of virtual presentations/interviews with the highest-scoring Vendors from Phase One. In Phase Two, each City has provided a deployment reference scenario (Attachment K), to which each selected Vendor will be asked to respond with their proposed deployment approach and address other evaluation criteria.

Phase Two scoring will result in a final score for each City that the Vendor has proposed working with, based on how effectively the Vendor’s solution addresses that City’s reference scenario.

Selection to participate in Phase Two does not constitute selection for contract award.

Phase One – Written Proposal Evaluation

Written proposals will be evaluated based on the required criteria listed in the Section titled "PROPOSAL FORMAT" and the following criteria and associated weights:

1. Functional and Technical Specifications (Attachment F) – 30%

2. Technical Maturity – 20%

3. Vendor Qualifications and Team Experience – 20%

4. Cost of Services Proposed (Unit Pricing) – 30%

For Phase 1, Vendors shall provide technical specifications, general company and project information, and unitized pricing, including hardware costs and one (1) month of applicable recurring software, licensing, or subscription costs, or contracted services. Vendors will not be required to prepare a deployment approach or reference scenario response as part of the Phase One written proposal. Please reference Attachment L – “Phase One Evaluation Criteria Score Sheet Template” for additional details regarding scoring.

Following Phase One, the Evaluation Panel will establish a short list of the highest-ranked Vendors within each technology category to participate in Phase Two, if necessary. The Cities reserve the right to forgo Phase Two evaluations for any technology category.

Phase 2 – Presentation/Interview Evaluation

Short-listed Vendors will be invited to participate in Phase 2 of the solicitation, which may include a formal virtual presentation/interview scheduled and arranged by the Contract Manager. Each City will provide one common reference deployment scenario intended solely to establish a consistent basis for evaluation, included in Attachment J: Phase Two Evaluation Reference Scenario Packet. The reference scenario does not represent a commitment by either City to procure a specific deployment configuration or quantity of equipment. The Cities reserve the right to adjust the reference scenario prior to issuing invitations to participate in Phase Two interviews.

Vendors that are proposing for both Cities will have a longer interview block to account for presenting their response to each reference scenario.

The Cities request that the Vendor's Project Manager assigned to the proposed project team lead the presentation and that key project team members, including any sub-consultants and subcontractors, participate as appropriate.

Presentations/interviews will be evaluated using the following criteria and associated weights:

1. Reference Scenario Deployment Approach – 35%

2. Implementation Schedule and Project Delivery – 15%

3. Demonstration of Technology Solution – 20%

4. Cost of Reference Scenario Deployment – 20%

5. Interview and Technical Discussion – 10%

For Phase Two, Vendors will be requested to present or provide as applicable:

1. The Vendor's recommended deployment approach for either or both reference scenario(s), including system architecture, implementation methodology, schedule, assumptions, and key risks.

2. The Vendor's approach to providing services for this Project, including project management, long-term operations, and maintenance.

3. An overview of the Vendor's experience relevant to the proposed solution, including qualifications and experience of assigned staff.

4. A demonstration of the proposed equipment and/or software solution(s), where applicable.

5. A detailed six (6) month cost proposal for the reference deployment scenario, including labor, equipment, software, licensing, communications, installation, maintenance, professional services, and all other applicable cost categories and assumptions.

Vendor Selection

Information obtained during Phase Two will be incorporated into the final best-value evaluation determined by the Evaluation Panel. Each City will then decide which of the highest-ranked vendors will be considered for contract award. The Cities may award multiple contracts across each City and technology category and in accordance with each City’s procurement requirements as specified herein. Vendors that propose to both Cities may be selected for both, one, or neither city, dependent on the final evaluation scores resulting from each City’s evaluation.

VIII. CONTRACT: Using final scores from the Evaluation Panel, the City of Minneapolis and the City of Seattle will independently determine Contract Awards and execute its own Contract(s) with selected Vendor(s) in accordance with its respective procurement policies, legal requirements, and approval processes. The final contract(s) will incorporate the solicitation, the selected proposal, and any negotiated provisions. The resulting contract(s) will include all applicable federal contract provisions required under the SMART grant, including but not limited to Appendix II to 2 CFR Part 200.

IX. CONTRACT TERM: The City of Minneapolis will award contracts with an approximate two

(2) year term, ending December 31, 2028, with the option to extend any contracts at the sole discretion of the City.

The City of Seattle will award contracts with a three (3) year term, with the option to extend for an additional two (2) years. Seattle’s longer contract term is intended to provide flexibility for the City of Seattle to utilize additional funding sources as they become available.

X. DEPARTMENT CONTACT/REQUESTS FOR CLARIFICATION:

Regardless of which City they are interested in proposing to, prospective responders shall direct all inquiries/questions regarding the Project or this solicitation by email and in writing only to:

Contract Manager: John Lundstrom City of Minneapolis Department of Public Works Email: john.lundstrom@minneapolismn.gov

Responses to the questions will be posted as an addendum to the current event in the City’s eSupplier Portal – Contracting Opportunities.

The Contract Manager cannot vary the terms of the RFP.

Following the Proposal submittal deadline, Proposers shall continue to direct communications to only the City Contract Manager. The Contract Manager will send out information to responding companies as decisions are concluded. Contact by a vendor regarding this acquisition with a city employee of either City other than the Contract Manager or an individual approved by the Contract Manager in writing, may be grounds for rejection of the vendor’s proposal.

XI. REJECTION OF PROPOSALS: The Cities reserve the right to reject all proposals or any

Vendor on the basis of the proposal submitted with no penalty.

The Cities do not promise to accept the lowest cost proposal and specifically reserve the right to reject any or all proposals, to waive any immaterial defects and minor irregularities in any submitted proposal, to investigate the qualifications and experience of any Vendor, to reject any provisions in any proposal, to obtain new proposals, to negotiate the requested services and contract terms with any Vendor, or to proceed to do the work otherwise. Incomplete proposals and proposals not sufficiently detailed or not in acceptable form may be rejected by the Cities.

XII. ADDENDUM TO THE RFP: If any addendum is issued for this RFP, it will be posted as an attachment to the current event. The Cities reserve the right to cancel or amend the RFP at any time.

mailto:john.lundstrom@minneapolismn.gov

The City of Minneapolis will provide notices to the vendors through the Minneapolis eSupplier Portal.

Notwithstanding efforts by the Cities to provide such notice to known vendors, it remains the obligation and responsibility of the Vendor to learn of any addendums, responses, or notices issued by the Cities. Such efforts by the Cities to provide notice or to provide it on the website do not relieve the Vendor from the sole obligation for learning of such material.

Note that some third-party services decide to independently post City solicitation documents on their websites. The City does not, however, guarantee that such services have accurately provided proposers with all the information published by the City, particularly Addendums or changes to bid date/time.

All proposals sent to the Cities shall be compliant to all Addendums, with or without specific confirmation from the Proposer that the Addendum was received and incorporated. However, the Contract Manager can reject the Bid if it does not reasonably appear to have incorporated the Addendum. The Contract Manager could decide that the Proposer did incorporate the Addendum information, or could determine that the Proposer failed to incorporate the Addendum changes and that the changes were material so the Cities must reject the Proposal, or it may be determine that the Proposer failed to incorporate the Addendum changes but that the changes were not material and therefore the Proposal may continue to be accepted by the Contract Manager.

XIII. PROPOSER RESPONSIBILITY TO PROVIDE FULL RESPONSE: It is the Proposer’s responsibility to respond in a manner which does not require interpretation or clarification by the Cities. The Proposer is to provide all requested materials, forms and information. The Proposer is responsible to ensure the materials submitted properly and accurately reflect the Proposer specifications and offering. During scoring and evaluation (prior to interviews if any), the Cities will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP deadline; however, this does not limit the right of the Cities to consider additional information (such as references that are not provided by the Proposer but are known to the Cities, or past experience by the Cities in assessing responsibility), or to seek clarifications from the Proposers.

XIV. PARTIAL AND MULTIPLE AWARDS: Unless stated to the contrary in the Scope of Work, the Cities reserve the right to name partial and/or multiple awards, in the best interest of the Cities. Proposers are to prepare proposals given the Cities’ right to a partial or multiple awards.

Further, the Cities may eliminate an individual line item when calculating award, to best meet the needs of the Cities, if a line item is not routinely available or is a cost that exceeds the Cities’ funds. For Proposals, the Cities may negotiate with the successful Proposer(s), to finalize the work and specifications consistent with the objectives of the RFP.

XV. PROHIBITED CONTACTS: Proposers shall not interfere in any way to discourage other potential and/or prospective Proposers from proposing or considering a proposal process.

Prohibited contacts includes but is not limited to any contact, whether direct or indirect (i.e. in writing, by phone, email or other, and by the Proposer or another person acting on behalf of the Proposer) to a likely firm or individual that may discourage or limit competition. If such activity is evidenced to the satisfaction and in sole discretion of the City of Minneapolis Contract Manager, the Proposer that initiates such contacts may be rejected from the process.

XVI. READABILITY: Proposers are advised that the Cities’ ability to evaluate proposals is dependent in part on the Proposer’s ability and willingness to submit proposals which are well ordered, detailed, comprehensive, and readable. Clarity of language and adequate, accessible documentation is essential.

XVII. CHANGES OR CORRECTIONS IN SUBMITTED PROPOSAL: Prior to the proposal submittal closing date and time established for this RFP, a Proposer may change or correct its proposal through the Minneapolis eSupplier Portal. No change to a proposal shall be made after the proposal closing date and time.

XVIII. ERRORS IN PROPOSALS: Proposers are responsible for errors and omissions in their proposals. No such error or omission shall diminish the Proposer’s obligations to the Cities.

XIX. WITHDRAWALS IN PROPOSALS: A submittal may be withdrawn through the Minneapolis eSupplier Portal, prior to the RFP closing date and time. After the closing date and time, the submittal may be withdrawn only with permission by the Cities.

XX. INCORPORATION OF RFP AND PROPOSAL IN CONTRACT: This RFP and the

Proposer’s response, including all promises, warranties, commitments, and representations made in the successful proposal as accepted by the respective city, shall be binding and incorporated by reference in the city’s contract with the Proposer.

XXI. DATA PRACTICES: Data you provide in response to this RFP will be subject to the Minnesota

Government Data Practices Act and may be available to the public. Minn. Stat. 13.591 classifies Business Data and subdivision 3 specifically addresses data submitted in response to an RFP. If you are submitting specific data which you believe meets the definition of trade secret data as defined in Minn. Stat. 13.37, please indicate this on the documents containing the data. The City of Minneapolis may ask you to establish that the data meets all the conditions set forth in Minn.

Stat. 13.37, subdivision 1(b).

XXII. WASHINGTON STATE PUBLIC RECORDS ACT: Under Washington State Law (RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material.

The State of Washington’s Public Records Act requires public records to be promptly disclosed by the City upon request unless specifically exempted by statute. Exemptions are narrow, clearly defined in RCW 42.56 and RCW 19.108, and must be interpreted strictly.

Proposers to the City of Seattle must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://www1.leg.wa.gov/LawsAndAgencyRules).

Additional information, including how to identify records you believe are exempt by statute can be found in Attachment H: City of Seattle RFP Terms and Conditions.

XXIII. SITE VISITS: Vendor may visit the City of Minneapolis and/or the City of Seattle study areas in reference to the services to be provided but are prohibited from interviewing staff or other visitors in any effort to obtain information relating to this RFP. All requests for clarification should be submitted in writing as outlined in this RFP. Failure to follow this prohibition could result in the rejection of the proposal.

XXIV. FEDERAL DAVIS-BACON AND RELATED ACTS: This Contract is funded in part or in its entirety with federal funds. Federal Davis-Bacon and Related Acts requirements shall apply when laborers, workers, or mechanics perform any part of the work. The Vendor and every Subcontractor shall pay the greater between State Prevailing Wages or federal Davis Bacon wages, on a classification-by-classification basis. Contractors are required to pay wages not less than once a week. More information on these requirements can be found in the Federal Supplement included in Attachment I: City of Seattle Required Forms Packet.

XXV. CITY OF SEATTLE PREVAILING WAGE REQUIREMENTS: Contractor, as defined by RCW 18.27.010, shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Washington State Department of Labor and Industries. The schedule of prevailing wage rates for the locality or localities of the Work, is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Contractor’s responsibility to verify the applicable prevailing wage rate.

If prevailing wages are required, prior to issuing award, the City of Seattle will verify that the Proposers under consideration of award meet the training requirements related to public works and prevailing wage by Labor & Industries per RCW 39.04.350 and chapter 39.12 RCW. Bidders are exempt from training if Bidder has been in business with active Unified Business Identifier (UBI) number for three (3) or more years AND have performed work on three (3) or more public works projects. Bidder exemption status may be verified by entering the Bidder's UBI number, selecting the Bidder's Company, and clicking on the "Public Works Requirements" drop-down menu from the following web site: https://secure.lni.wa.gov/verify/.

Contractor is responsible for compliance by the Contractor and all Subcontractors. Any Offer http://www1.leg.wa.gov/LawsAndAgencyRules https://secure.lni.wa.gov/verify/ must be sufficient to pay prevailing wages, and costs associated with filing of the Statement of Intent to Pay Prevailing Wages (Intent) and Affidavit of Wages Paid (Affidavit) forms, including filing of one or multiple Intents and Affidavits as required by the Department of Labor & Industries.

XXVI. PREVAILING WAGE RATES:

To receive prevailing wage rates you may go to the following:

1. For the State L & I prevailing wage rates you may go to the following website to download the rates: https://secure.lni.wa.gov/wagelookup/

2. For the Federal Davis-Bacon wage rates you may reference https://sam.gov/wage-determinations https://secure.lni.wa.gov/wagelookup/ https://sam.gov/wage-determinations https://sam.gov/wage-determinations

ATTACHMENT A

City of Minneapolis: RFP Terms & Conditions

Note: For Attachment A, all instances of “City” shall refer to City of Minneapolis.

pg. 15

City of Minneapolis Terms and Conditions for Professional Services Contracts Over $175,000 (Revised: May 6, 2026)

The General Conditions are terms and conditions that the City expects its Contractors and Consultants (“Contractor”) to meet. The Contractor agrees to be bound by these requirements unless otherwise noted in any Proposal to which these terms are attached. Some negotiation is possible to accommodate the Contractor’s suggestions.

1. General Compliance

The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing the services performed and funds provided under the Contract.

2. Equal Opportunity Statement The Contractor agrees to comply with applicable provisions of federal, state and city regulations, statutes and ordinances pertaining to the civil rights of and non-discrimination in the application for and employment of applicants, employees, subcontractors and suppliers of the Contractor. The federal, state and city statutes and ordinances to which the Contractor shall be subject under the terms of this Contract include, without limitation, Minnesota Statutes, Section 181.59 and Chapter 363A, Minneapolis Code of Ordinances Chapter 139, 42 U.S.C. Section 2000e, et. seq. (Title VII of the Civil Rights Act of 1964), 29 U.S.C. Sections 621-624 (the Age Discrimination in Employment Act), 42 U.S.C. Sections 12101-12213 (the Americans with Disability Act), 29 U.S.C. Section 206(d) (the Equal Pay Act), 8 U.S.C. Section 1324 (the Immigration Reform and Control Act of 1986), and all regulations and policies promulgated to enforce these laws. The Contractor shall have submitted and had an “affirmative action plan” approved by the City prior to entering into a Contract.

3. Anti-Discrimination Statement The Contractor agrees to comply with applicable provisions of federal, state and city regulations, statutes and ordinances pertaining to the civil rights and non-discrimination in any provision of services to the public contracted for under this Contract, such that the contracted services are provided to the public without discrimination based on race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof.

4. Compliance with Web Content Accessibility Guidelines The Contractor agrees that web content and mobile applications created pursuant to this Contract shall be compliant with the requirements and standards of the Americans with Disabilities Act and the Web Content Accessibility Guidelines Version 2.1, Level AA unless a legal exception or exemption applies.

5. Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance,

pg. 16 primary or excess. Such insurance shall be in force on the date of execution of the Contract and shall remain continuously in force for the duration of the Contract.

Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor.

The City does not represent that the insurance requirements are sufficient to protect the Contractor’s interests or provide adequate coverage. Evidence of coverage is to be provided on a current ACORD Form, Insurance Declaration. A thirty (30) day written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this Contract, to comply with these provisions.

The Contractor and its subcontractors shall secure and maintain the following insurance:

a) Workers Compensation insurance that meets the statutory obligations with Coverage B- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee.

b) Commercial General Liability insurance with limits of at least $2,000,000 general aggregate, $2,000,000 products - completed operations $2,000,000 personal and advertising injury, $300,000 each occurrence fire damage and $5,000 medical expense any one person. The policy shall be on an “occurrence” basis, shall include contractual liability coverage and the City shall be named an additional insured. The amount of coverage will be automatically increased if the project amount is expected to exceed $2,000,000 or involves potentially high-risk activity.

c) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident.

d) Professional Liability Insurance or Errors & Omissions Insurance providing coverage for

1) the claims that arise from the errors or omissions of the Contractor or its subcontractors and 2) the negligence or failure to render a professional service by the Contractor or its subcontractors. The insurance policy should provide coverage in the amount of $2,000,000 each claim and $2,000,000 annual aggregate. The insurance policy must provide the protection stated for two years after the expiration of the contract.

e) Cyber Liability for the duration of this agreement providing coverage for, but not limited to, Technology and Internet Errors & Omissions, Security and Privacy Liability, and Media Liability. Insurance will provide coverage against claims that arise from the disclosure of not public information from files including but not limited to: 1) Intentional, fraudulent or criminal acts of the Contractor, its agents or employees. 2) Breach of the City’s not public data, whether electronic or otherwise. The insurance policy should provide minimum coverage in the amount of $1,000,000 per occurrence and $2,000,000 annual aggregate. If written on a Claims- Made basis, the policy must provide an extended reporting period and have a retroactive date that on or before the date of this Contract or the date Contractor commences work, whichever is earlier.

6. Indemnity and Hold Harmless

The Contractor will defend, indemnify and hold harmless the City and its officers and employees from all liabilities, claims, damages, costs, judgments, lawsuits and expenses, including court costs and reasonable attorney’s fees regardless of the Contractor’s insurance coverage, arising directly from any negligent act or omission of the Contractor, its employees, agents, by any sub-contractor or sub-consultant, and by any employees of the sub-contractors

pg. 17 and sub-consultants of the Contractor, in the performance of work and delivery of services provided by or through this Contract or by reason of the failure of the Contractor to 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 Statutes, section

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 other political subdivisions of the State of Minnesota.

Where the Services provided by the Contractor to the City are “design professional services” as described in Minnesota Statutes, Section 604.21, then, the Contractor will not be obligated to defend the City as required above.

7. Subcontracting

The Contractor shall not sub-consult or sub-contract any services under this Contract unless authorized in writing by the City. The Contractor shall provide written notice to the City and obtain the City’s authorization to sub-contract any work or services to be provided to the City pursuant to this Contract. As required by Minnesota Statutes, Section 471.425, the Contractor shall pay all subcontractors for subcontractor’s undisputed, completed work, within ten (10) days after the Contractor has received payment from the City.

8. Assignment or Transfer of Interest The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same either by assignment or novation, without the prior written approval of the City which will not be withheld or delayed unreasonably.

9. Performance Monitoring

The City will monitor the performance of the Contractor against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time to cure such substandard performance after being notified by the City, contract termination procedures will be initiated.

All work submitted by Contractor shall be subject to the approval and acceptance by the City Department Contract Manager designated herein. The City Department Contract Manager designated herein shall review each portion of the work when certified as complete and submitted by the Contractor and shall inform the Contractor of any apparent deficiencies, defects, or incomplete work, at any stage of the project.

10. Prior Uncured Defaults

Pursuant to Section 18.110 of the City’s Code of Ordinances, the City may not contract with persons or entities that have defaulted under a previous contract or agreement with the City and have failed to cure the default.

pg. 18

11. 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 work and/or 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 subcontractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker’s Compensation claims under the Worker’s Compensation Act of the State of Minnesota or any other state, by or on behalf of said employees or other persons while so engaged in any of the work or services to be rendered or provided herein, shall be the sole obligation and responsibility of the Contractor.

12. Accounting Standards

The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices (GAAP) to properly account for expenses incurred under this Contract.

13. Retention of Records

Pursuant to Minnesota Statutes, Section 138.17 and Section 15.17, the Contractor shall retain all records pertinent to expenditures incurred under this Contract in a legible form for a period of six years commencing after the later of contract close-out or resolution of all audit findings.

Records for non-expendable property acquired with funds under this Contract shall be retained for six years after final disposition of such property.

14. Audit Requirements for Cloud-Based Storage of City Data If the Contractor’s services include the storage of City data using a cloud-based solution, then the Contractor agrees to secure the data as though it were “private data” as defined in Minnesota Statutes, Chapter 13. The Contractor shall provide the City with the annual copy of the Federal Standards for the Statement on Standards for Attestation Engagements (SSAE) No. 18 or the International Standard on Assurance Engagements (ISAE) No. 3402. The Contractor agrees to provide a .pdf copy to the City’s Contract Manager, upon the Contractor’s receipt of the audit results.

15. Data Practices

The Contractor agrees to comply with the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13) and all other applicable state and federal laws relating to data privacy or confidentiality. The requirements of Minnesota Statutes, Section 13.05, subdivision 11 apply to companies or individuals who perform under a government contract. The Contractor and any of the Contractor’s sub-consultants or sub-contractors retained to provide services under this Contract shall comply with the Act and be subject to penalties for non-compliance as though they were a “governmental entity.” 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 its employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. The Contractor’s duty to comply with Minn. Stat. Chap. 13 and all other applicable federal and state laws relating to the protection of data will continue past the

pg. 19 expiration of this contract. The requirements of this paragraph shall apply regardless of the location of the data.

16. Cardholder Data and Security Standards Should the Contractor collect revenue on behalf of the City through the acceptance of credit cards offered by cardholders to pay for services offered under the terms of this Contract, then Contractor represents and acknowledges that the Contractor will comply with Payment Card Industry (PCI) regulatory standards including the Data Security Standards (DSS). Contractor represents that it will protect cardholder data. Contractor will be annually certified as a PCI compliant service provider and agrees to provide evidence of said certification to the City upon request. Contractor agrees at reasonable times to provide to the City or to its assigns, the audit rights contained herein for all physical locations, systems or networks that process credit cards on behalf of the City. Contractor also agrees to provide written notice to the City of any breach of a system owned, operated or maintained by the Contractor that contains cardholder data or information.

17. Inspection of Records Pursuant to Minnesota Statutes, Section 16C.05, all books, records, documents and accounting procedures and practices of the Contractor with respect to the matters covered by this Contract shall be made available to the City and the State of Minnesota, Office of the State Auditor or Legislative Auditor, as appropriate, or their designees upon notice, 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.

18. Living Wage Ordinance

The Contractor may be required to comply with the “Minneapolis Living Wage and Responsible Public Spending Ordinance” Chapter 38 of the City’s Code of Ordinances (the “Ordinance”). Unless otherwise exempt from the ordinance as provided in Section 38.40 (c), any City contract for services valued at $100,000 or more or any City financial assistance or subsidy valued at $100,000 or more will be subject to the Ordinance’s requirement that the Contractor and its subcontractors pay their employees a “living wage” as defined and provided for in the Ordinance.

19. Displaced Contract Service Workers If Contractor’s contract requires the services of fifteen or more employees, includes a subcontractor, and involves the provision of janitorial or security service work, Contractor must comply with the Minneapolis Code of Ordinances, Chapter 39, “The Protection of Displaced Contract Service Workers Ordinance” (the “Ordinance”). Section 39.30 and Section

39.40 of the Ordinance generally require the successor Contractor to retain employees of the previous Contractor for a 90-calendar day transition period. If the performance of one or more of the retained employees is determined by the successor Contractor to be satisfactory, the successor Contractor shall offer each transition employee continued employment under the terms and conditions of the successor Contractor.

https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH38LIWAREPUSPRE https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH38LIWAREPUSPRE https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH39DICOSEWO https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH39DICOSEWO

pg. 20

20. Prevailing Wage Ordinance If this Contract involves the construction, alteration and/or repair, including painting, decorating, sodding and landscaping of public buildings, or similar public works of the City which requires or involves the employment of mechanics and/or laborers, then all federal labor standards and prevailing wage provisions applicable to federal contracts in accordance with the federal Davis-Bacon Act and related federal regulations except as noted in section 24.240 of the Minneapolis Code of Ordinances are applicable to this Contract as if fully set forth herein and all contractors and subcontractors shall fully comply with such provisions regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and their employees. Compliance with the City of Minneapolis Prevailing Wage Ordinance, sections 24.200 through 24.265 of the Minneapolis Code of Ordinances, is required as a material term of this Contract and all such provisions are expressly incorporated by reference herein.

21. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Contract without regard to conflict of law rules, 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.

22. Conflict and Priority

If the Contract was awarded by RFP and in the event that a conflict is found between provisions in this Contract, the Contractor’s Proposal or the City’s Request for Proposals, the provisions in the following rank order shall take precedence: 1) Contract; 2) Proposal; and last

3) Request for Proposals.

23. Travel

If travel by the Contractor is allowable and approved for this Contract, then Contractor travel expenses shall be reimbursed in accordance with the City’s Contractor Travel Reimbursement Conditions.

24. Conflict of Interest/Code of Ethics

Pursuant to Section 15.250 of the City’s Code of Ordinances, both the City and the Contractor are required to comply with the City’s Code of Ethics. Chapter 15 of the Code of Ordinances requires City officials and the Contractor to avoid any situation that may give rise to a “conflict of interest.” A “conflict of interest” will arise if Contractor represents any other party or other client whose interests are adverse to the interests of the City.

As it applies to the Contractor, the City’s Code of Ethics will also apply to the Contractor in its role as an “interested person” since Contractor has a direct financial interest in this Agreement. The City’s Code of Ethics prevents “interested persons” from giving certain gifts to employees and elected officials.

25. Termination, Default and Remedies

The City may terminate this Contract for any reason without cause upon thirty (30) days’ written notice. Both the City and the Contractor may terminate this Contract if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH24PUWO_ARTIVCO_24.240PASCSUSTPARE https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH24PUWO_ARTIVCO…