HomeMy WebLinkAbout17- RFQ Package - Story Mill Park Community CenterCity of Bozeman, Montana
Request for Qualifications for Story Mill Park Community Center
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City of Bozeman
Request for Qualifications for Professional Services
Story Mill Park Community Center
1 - GENERAL INFORMATION
1.1 The City of Bozeman seeks to procure a qualified professional service provider to provide
architectural and engineering services to the City of Bozeman for the Story Mill Park Community
Center
1.2 The Statement of Qualifications (SOQ) must be received by the City Clerk at 121
North Rouse Ave., Bozeman, Montana, Suite 202 or by mail at PO Box 1230, Bozeman, Montana,
59771-1231, no later than 2:00 local time on Tuesday, May 23rd, 2017.
1.3 Questions pertaining to the selection process should be directed to the project
manager, Carolyn Poissant, MLA, MPA, AICP, Manager of Trails, Open Space and Parks
Design and Development, via email, at cpoissant@bozeman.net .
1.4 The City of Bozeman shall not be held responsible for any oral instructions. Any changes
to this Request for Qualifications (RFQ) will be in the form of an addendum, which will be
published on the City’s website and furnished to all firms having already submitted a SOQ. All
submissions under this notice are considered public records of the City.
1.5 A MANDATORY pre‐submittal conference for the contract will be held at the project
site, 600 Bridger Drive, (former Boys and Girls Club facility), Bozeman MT 59715 on
Wednesday, May 10 at 2:00 PM. City staff will discuss the preliminary scope of services, general
contract issues, and respond to questions from the attendees. Attendance at this pre‐submittal
conference is required due to limited access to the facility.
1.6 The service provider will be selected on the basis of demonstrated competence and
qualification for the type of services required and thereafter the City will negotiate the services
agreement with what it deems to be the most qualified firm. All city standard insurance and
indemnification requirements will be included in any eventual contract.
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2 ‐ PRELIMINARY SCOPE OF SERVICES
After being selected, the service provider will execute a professional services agreement with
the City to provide services based on the preliminarily scope of services set forth in Exhibit A.
The service provider and the City shall negotiate a final scope of services after selection.
3 ‐ QUALIFICATIONS EVALUATION CRITERIA
3.1 The service provider will be selected through a qualification‐based selection process.
Firms interested in providing requested scope of services to the City of Bozeman must submit a
SOQ that addresses the following evaluation criteria. Applicants are encouraged to organize their
submissions in such a way as to follow the general evaluation criteria listed below. Information
included within the SOQ may be used to evaluate your firm as part of any criteria regardless of
where that information is found within the SOQ. Information obtained from the SOQ and from
any other relevant source may be used in the evaluation and selection process.
3.2 Qualifications Criteria.
Respondents to this RFQ shall be evaluated on the following criteria and the requirements of
§18-8-201 et seq., MCA, with the selection committee choosing, in its opinion, the most
qualified firm to provide the services required for the proposed project:
4 ‐ SUBMITTAL REQUIREMENTS
4.1 All SOQs must contain the following information:
a. A one-page cover letter;
b. Standard Federal Form 330 completed in full (all work, not just federal agencies);
c. Project management chart;
d. Example project schedule depicting all tasks typical for projects of this type;
e. Listing of all individuals who will participate in the project, including their
applicable qualifications and approximate respective percentage of overall project
responsibilities. At the discretion of the firm, sufficient written and graphic
descriptions of relevant projects and experience more fully describing the firm's
qualifications for the specific project and including all information required by this
section;
f. Description of: (i) any litigation, arbitration, or claims filed by the submitting firm against
any other client as a result of a contract dispute within the past ten (10 years); (ii) a list
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of any contract or negligence claims filed against the submitting firm within the past ten
(10 years); and (iii) a list of similar service agreements wherein termination occurred prior to final
completion of the project within the past ten (10 years); and
g. Any other information necessary to address the criteria included in Section 3, above
and the scope of services; and
h. A list of references from three similar projects.
4.2 The SOQ must be submitted to the City Clerk at 121 North Rouse Ave., Bozeman,
Montana, by 2:00 PM local time, Tuesday, May 23, 2017. Four hard copies must be submitted by
the deadline. Failure to comply with the following criteria may be grounds for disqualifications:
Delivery of submission after the specified cut‐off date and time.
Failure to provide the required number of originals and/or copies of the
submittal specified.
Adherence to maximum page requirements.
Failure to submit required non-discrimination affirmation statement.
5 ‐ SELECTION PROCEDURE AND SCHEDULE
5.1 A Project Evaluation Committee will evaluate each SOQ according to the above criteria.
Each respondent will be ranked and, if necessary, the Committee may select up to three
respondents for interviews. The purpose of the interview will be to expand on the information
provided in the SOQ, not to repeat information already provided. Respondents selected for
interviews will be provided additional instruction by the City. Respondents not selected for further
consideration will be notified. The final selection will be based on an evaluation of the written
responses to the RFQ and, if conducted, interviews. Award of the project will be made following
contract negotiations to the most qualified respondent at a price which the City determines to be
fair and reasonable taking into account the estimated value of services to be rendered, as well as
the scope, complexity, and professional nature thereof.
5.2 The following tentative schedule has been prepared for this project. Firms interested in
this project must be available on the interview meeting date(s) (if conducted).
Pre‐submittal conference: Wednesday, May 10, 2017 at 630 Bridger Dr.in Bozeman
SOQs due: Tuesday, May 23, 2017
Firms notified for interview: Friday, May 26, 2017
Interviews: Wednesday, May 31, 2017
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5.3 Following the interviews the Project Evaluation Committee will determine a ranking for
each firm based on the published criteria in Section 3. Consideration will be given to both the
written SOQ and interview.
5.4 Requests for briefings or selection decisions shall be made in writing to the City. All
information submitted by firms and related Project Evaluation Committee evaluations and
rankings shall be considered confidential until after contract execution and approval by the
City.
5.5 The City will enter into negotiations with the selected respondent and execute an
agreement for professional services upon completion of negotiations for City Commission
approval. If the City is unsuccessful in negotiating a contract with the highest ranked team, the
City may then negotiate with the second or third highest ranked team until a contract is executed,
or may decide to terminate the selection process.
6 – RESERVATION OF RIGHTS BY CITY OF BOZEMAN
The issuance of this RFQ and the acceptance of a submittal do not constitute an agreement by the
City that any contract will actually be entered into by the City. Any costs incurred by respondents
in preparation of a response to this RFQ are completely the responsibility of the respondents. Any
or all disputes arising under this RFQ and any contract negotiated as a result of this RFQ shall be
governed by the laws of the State of Montana. The City reserves the right to issue written
notices of any change in the submittal process should the City determine, in its sole and
absolute discretion that such changes are necessary or desirable.
In addition and notwithstanding any other provision of the RFQ, the City reserves the right to:
1. Waive any immaterial defect or informality in a submittal;
2. Extend or otherwise revise the submittal due date;
3. Reject any or all submissions or portions thereof;
4. Cancel this RFQ at any time;
5. Reissue a new or revised RFQ; and
6. Request additional information or require one or more teams to submit a more detailed submittal.
This solicitation does not require the City to award a contract, to pay any cost incurred with the
preparation of a qualifications statement, or to procure or contract for services. The City reserves
the right to accept or reject any submittals received in response to this request, to negotiate with
any qualified source, or cancel in whole or part this process if it is in the best interest of the City.
Prior to negotiations, prospective entities may be required to submit revisions to their
qualifications statements. All submitters should note that the award of any contract pursuant to this
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solicitation may be dependent upon the recommendation of the City staff and the approval of the
Bozeman City Commission.
7 – SUBMITTAL REJECTION/RIGHT TO DISQUALIFY
Submittal of terms, condition and/or agreements may result in rejection if such terms, conditions,
or agreements are deemed unacceptable by the City in its sole discretion. The City reserves the
right to disqualify any entity who fails to provide information or data specifically requested herein
or who provides materially inaccurate or misleading information or data or who attempts to
influence the selection process outside the procedures established herein. The City reserves the
right to disqualify any entity on the basis of any real or apparent conflict of interest. This
disqualification is at the sole discretion of the City.
8 – CITY OF BOZEMAN’S NON-DISCRIMINATION POLICY
Each entity submitting under this notice shall affirm, on a separate form provided by the City, that
it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity, or disability in
fulfillment of a contract entered into for the services identified herein and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to
all subcontracts it enters into related to fulfillment of the services identified in this RFQ.
Failure to comply with the above shall be cause for the City to deem the submittal non-responsive.
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EXHIBIT A
Scope of Services
Project Description
The Story Mill Park Community Center will be the new home of offices and facilities for the
City of Bozeman Recreation Department. The existing building formerly served as a facility for
the Boys and Girls Club of Southwest Montana. It was acquired by a donation from the Kendeda
Fund to the Trust for Public Land (TPL), which is partnering with the City of Bozeman in the
development of Story Mill Community Park. TPL is in the process of transferring the property to
the City.
The interior of the building includes a range of construction techniques. The goal of the City is to
provide a functional and attractive facility to be used by both Parks Department staff and the
public. The budget for the project is $250,000, including design and engineering, construction,
and technology facilities.
The desired improvements to the facility include:
1. Front reception office area that can be secured when facility is rented on weekends
2. Secured access to Recreation Division staff offices including:
a. Recreation leaders work room
b. Recreation Manager’s office
c. Recreation Assistant Manager’s office
d. Small conference room
3. A separated access / hallway for use of rental spaces, including the kitchen and adjoining
activity room and meeting room
4. Heating and ventilation improvements (current facility has radiant floor heating)
5. Accommodation for technology appurtenances in all areas
6. Accessible entrance at the main entry (ramp and landscape revisions)
7. Additional modifications as needed
The work shall include all surveying, inspection, design and engineering; preparation of bidding
and construction documents (plans and specifications, bid schedule, etc.); bid assistance; review
of materials and submittals; construction inspection (quality control); review of change orders
and invoices; preparation of punch lists; final walk through; and sign off on all invoices,
submittals, and certificate of substantial completion for all proposed improvements. A
preliminary conceptual design shall be prepared for review by city staff prior to completion of
the final plans. A complete scope of work will be developed with the negotiation of the contract.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 201_,
by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to
as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this
reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services (Exhibit A). Any alteration or deviation from the described services that involves
additional costs above the Agreement amount will be performed by Contractor after written request
by the City, and will become an additional charge over and above the amount listed in the Scope
of Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
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perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor’s agents; or (iii) the negligent, reckless, or intentional misconduct of any other third
party.
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For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of
the indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the
Contractor to assert its right to defense or indemnification under this Agreement or under the
Contractor’s applicable insurance policies required below the indemnitee shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Contractor was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)
thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
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Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s
right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).
The City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled
to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
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a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve, protect, and maintain work already completed
or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to
the claim. In the event Contractor fails to provide such notice, Contractor shall waive all
rights to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Carolyn Poissant, MLA, MPA, AICP, Manager of Trails, Open Space
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and Parks Design and Development, or such other individual as City shall designate in
writing. Whenever approval or authorization from or communication or submission to City
is required by this Agreement, such communication or submission shall be directed the
City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as listed above and may receive approvals or
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall
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require these nondiscrimination terms of its sub-Contractors providing services under this
agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
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20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration
of this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
City of Bozeman, Montana
Request for Qualifications for Story Mill Park Community Center
Page 15 of 15
30. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By:________________________________ By:_________________________________
Interim City Manager
Print Name: _________________________
Title: ______________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney