HomeMy WebLinkAbout18- RFP - Utilities Underground Locate Services
Request for Proposals (RFP)
City of Bozeman Public Works Department
UNDERGROUND UTILITIES LOCATING SERVICES
Proposals must be received no later than:
Friday February 9th 2018 at 5:00 pm MST
Email or deliver proposal to:
Robin Crough, City Clerk
P.O. Box 1230
1230 N. Rouse Ave. Suite 202
Bozeman, MT 59771
agenda@bozeman.net
NOTICE IS HEREBY given that the City of Bozeman is requesting proposals from qualified contractors,
with proven experience and expertise, to locate underground water, sanitary and storm sewer
utilities, signals, luminaires, rectangular rapid flashing beacons (RRFB) and irrigation wells owned
and operated by the City of Bozeman (COB) in accordance with Montana law MCA 69.4.5. All
proposals must be in the format specified, enclosed in a sealed envelope and clearly identified with
RFP title, company name and due date.
Deliver proposals to the City Clerk at the following address: PO Box 1230, 121 North Rouse Ave, Suite
202, Bozeman, MT 59771 by Friday February 9th 2018 at 5:00p.m. MST. It is the sole responsibility of
the proposing firm to ensure that proposals are received prior to the closing time as late submittals
will not be accepted and will be returned unopened.
DISCRIMINATION
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFP on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and
treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing 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 and which also recognizes the eventual contract will contain a provision
prohibiting discrimination as described above and that this prohibition on discrimination shall apply
to the hiring and treatment of the submitting entity’s employees and to all subcontracts.
Failure to comply with the above shall be cause for the City to deem the submittal non- responsive.
For additional information on this RFP, contact John Alston, Water & Sewer Superintendent, 406-
582-3203, jalston@bozeman.net.
DATED at Bozeman, Montana, this 18th day of January, 2018.
Robin Crough
City Clerk
For publication on:
Sunday, January 21, 2018
Sunday, January 28, 2018
Request for Proposals (RFP)
City of Bozeman Public Works Department
UNDERGROUND UTILITIES LOCATING SERVICES
1. SUMMARY
A. Request for Proposals: The City of Bozeman Water Operations and Signs and
Signals Divisions are soliciting proposals from qualified contractors, with proven
experience and expertise, to locate underground water, sanitary and storm sewer
utilities, signals, luminaires, rectangular rapid flashing beacons (RRFB) and irrigation
wells owned and operated by the City of Bozeman (COB) in accordance with
Montana law MCA 69.4.5.
B. Introduction and Background: The COB Water and Sewer Division owns and
maintains approximately 267 miles of water mains, 211 miles of sanitary sewer
mains, and 78 miles of storm sewer mains serving over 12,500 homes and
businesses. Each home or business has its own water and/or sewer service lines.
The COB Sign and Signal/Street Division owns and maintains 17 traffic signals, 4
HAWK signals, 3 flashing yellow lights, 10 wells and approximately 550 luminaires.
The COB has historically performed its own locating services and has been a
member of the Underground Utility Locate Center (UULC) since November, 1992.
Attachment B provides the UULC ticket totals for the COB for each month since
October 2014. Utility infrastructure maps utilized by the UULC are maintained by
the COB GIS Department.
C. Scope of Services To Be Provided: Locating services will generally consist of the
following:
1. Provide sufficient qualified staff, vehicles, paint, flagging, and all other
locating equipment to fulfill its duties under this contract.
2. Locate and mark all COB water, sanitary sewer and storm utilities within the
limits of the City of Bozeman during regular business hours.
3. Locate and mark all COB signal wires, luminaires wires, HAWK signals,
flashing yellow lights, and wellhead wires.
4. Maintain records appropriately to support the invoicing and recording
requirements set forth in this contract. The Contractor agrees to a records
retention period of seven (7) years.
5. For each locate request received, the Contractor shall screen, prioritize and
visit the excavation site if necessary and locate the COB facilities as required
by Montana Code Annotated 69.4.5.
6. The Contractor will investigate all incidents of damage for accuracy of
the locate(s) and will submit to the COB a written report of said
investigation within two (2) business days. The Contractor will maintain a
copy of the written report for a period of seven (7) years. The
Contractor will give testimonial support in cases where deemed
necessary by the COB.
7. The Contractor shall locate all of the COB locatable facilities at an
excavation site in accordance with Montana Code Annotated (MCA)
69.5.4. The Contractor shall be liable for all damages when a valid
request to locate locatable facilities has been made unless the locate
marks were made within the required accuracy. In such cases, the
Contractor shall assist in recovery of any damages.
8. The Contractor agrees that in carrying out this contract, he will comply
with all applicable federal, state, and local laws.
2. RFP SUBMITTAL REQUIREMENTS
A. This RFP is issued by the City of Bozeman Public Works Department. Any
questions concerning this RFP shall be submitted in writing and addressed to
John Alston, Water/Sewer Operations Superintendent by mail to the address
below or by email: jalston@bozeman.net. The deadline for questions will be
February 1 , 2018 All questions will be answered by Addenda.
B. Instructions:
1. Please submit one (1) original and four (4) copies of your proposal, to the
City of Bozeman no later than 5:00PM, February 9th 2018 to the
attention of:
City Clerk
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
2. Each submission must be marked on the outside with the Company’s
name and the name of the RFP.
3. Any proposal received after 5:00 pm on February 9th, 2018 will be
returned to the proposer unopened.
4. The City reserves the right to require the submittal of additional
information that supplements or explains proposal materials.
C. Proposal Organization: To facilitate the City’s objective review of the proposals,
submitting firms are requested to organize their proposal using a standardized
format. The proposal should contain the following:
1. Cover Letter: A cover letter prepared on the Contractor’s business
stationary must accompany the RFP submittal. The purpose of this letter
is to transmit the proposal; therefore, it should be brief, but shall list all
items contained within the proposal. The letter must be signed by an
individual who is authorized to bind the firm to all statements, including
services and financials, contained in the proposal.
The cover letter must include a statement certifying that the contractor
will accept the City of Bozeman Standard Professional Services
Agreement Terms and Conditions as provided in Attachment A of this
RFP.
2. Contractor’s Description of Scope of Services: The Proposal shall include
a description in clear and precise terms of the firm’s understanding of
the scope of work for this project. Include a narrative and description of
the proposed effort and list the full scope of services provided to achieve
a successful locate program.
The proposal shall list all proposed partnering and/or subcontracting
arrangements, including reporting hierarchy, to provide the services
requested by the COB.
3. Company description/experience/capabilities: Brief history of the
company that includes the date of establishment and examples of
relevant prior RFPs/bids and current customers with similar attributes to
the City of Bozeman. Describe company’s years of experience and
capacity to manage projects of the size and scope proposed. Proposer
must provide documentation of the number of chargeable damage
expense claims within the last five years
4. Key personnel/project team: Provide information on key personnel that
will comprise the team responsible for providing locating services. At a
minimum please provide a resume listing the qualifications and
experience for each team member and an organization chart
representative of the team hierarchy to be utilized within the parent
organization or firm. If a sub-contractor will be utilized the chart must
show the management approach reporting relationships between the
firms.
5. References: Provide a minimum of three and maximum six specifically in
local, municipal, county, or state agencies:
a. Name of agency
b. Contact name with title, phone number and email
c. Population of jurisdiction
d. Number of employees
e. Project start and completion date
f. Brief summary of the project
6. Costs and expenses: Please provide the following proposed prices:
Item Description Unit Unit Price
Cost per locate – Water EA $
Cost per locate – Sewer EA $
Cost per locate – Stormwater EA $
Cost per locate – Signals EA $
Cost per locate – Luminaires EA $
Cost per locate – RRFB EA $
Cost per locate – Wells EA $
7. NON DESCRIMINATION AFFIRMATION FORM: In accordance with the
law, each entity submitting a bid shall affirm on the form provided by the
City in Attachment C that the proposer shall not discriminate in the
performance of the work called for in the Request for Proposal 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, with regard to, but not limited to, the following:
employment upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training or rendition of services.
It is further understood that any vendor who is in violation of this clause
shall be barred forthwith from receiving awards of any purchase from
the City of Bozeman unless a satisfactory showing is made that
discriminatory practices have ceased, and the recurrence of such acts is
unlikely.
The non discrimination affirmation form must be signed in order for the
RFP to be awarded.
3. PROPOSAL EVALUATION
Submitted proposals will be evaluated based on the following criteria:
A. Understanding of the project and scope of services – 20%
B. Demonstrated experience locating underground infrastructure that includes but
is not limited to (a) documentation of the number of chargeable damage
expense claims within the last five years and (b) at least three references from
other private, corporate or municipal utilities – 25%
C. Qualifications of personnel/staff – 25%
D. Compliance with the requirements of the RFP – 10%
E. Cost proposal for locate services – 20%
A review committee will evaluate all responses to this RFP that meet the submittal
requirements and deadline. Submittals that do not meet the requirements or deadline
will not be considered. The review committee will choose the proposal which best
serves the interests of the City. Minor irregularities in proposals, which are deemed
immaterial or inconsequential in nature, may be waived wherever it is determined to be
in the best interest of the City of Bozeman.
5. GENERAL PROVISIONS; RESERVATION OF RIGHTS; LIABILITY WAIVER
A. All proposals submitted in response to this RFP become the property of the City
and are public records and, as such, may be subject to public review. Upon
completion of negotiations or a determination that no proposals will be pursued,
one copy of each submitted proposal shall be retained for the official files of the City
and will be considered a public record.
B. Modifications and Withdrawals: Withdrawal of, or modifications to proposals
are effective only if written notice thereof is sent to the City Clerk prior to the
time proposals are due. A notice of withdrawal or modification of a proposal
must be signed by an officer with the authority to commit the company and no
withdrawal or modifications will be accepted after the time proposals are due.
C. Questions and Inquiries: Questions and inquiries should be directed in writing to
the individual listed on page two. Electronic submission of question is
acceptable. The deadline for questions is February 1st 2018. A written response
to submitted questions, in the form of an Addendum will be provided to all
applicants.
D. The City reserves the right to accept or reject any and all proposals; to add or
delete items and/or quantities; to amend the RFP; to waive any minor
irregularities, informalities, or failure to conform to the RFP; to extend the
deadline for submitting proposals; to postpone award for up to 30 days; to
award one or more contracts, by item or task, or groups of items or tasks, if so
provided in the RFP and if multiple awards or phases are determined by the City
to be in the public interest; and to reject, without liability therefore, any and all
proposals upon finding that doing so is in the public interest.
E. The City of Bozeman reserves the right to reject the proposal of any person/firm
who previously failed to perform properly to the satisfaction of the City of
Bozeman, or complete on time agreements of similar nature, or to reject the
proposal of any person/firm who is not in a position to perform such an
agreement satisfactorily as determined by the City of Bozeman.
F. The City of Bozeman reserves the right to determine the best qualified
Contractor and negotiate a final scope of service and cost, negotiate a contract
with another Contractor if an agreement cannot be reached with the first
selected Contractor, or reject all proposals. The professional services contract
between the City of Bozeman and the successful Contractor will incorporate the
Contractor's scope of service and work schedule as part of the agreement (see
Attachment C for form of professional services agreement).
G. RFP Cancellation. The City reserves the right to cancel, in part or in its entirety,
this RFP including, but not limited to: selection procedures, submittal date, and
submittal requirements. If the City cancels or revises this RFP, all Contractors
who submitted proposals will be notified using email.
H. This project is subject to the availability of funds.
I. This RFP does not commit the City to award a contract. The City assumes no
liability or responsibility for costs incurred by firms in responding to this request
for proposals or request for interviews, additional data, or other information
with respect to the selection process, prior to the issuance of an agreement,
contract or purchase order. The Contractor, by submitting a response to this
RFP, waives all right to protest or seek any legal remedies whatsoever
regarding any aspect of this RFP.
J. Proposal Acceptance: Selected proposers shall maintain General Liability
Insurance, Automobile Liability Insurance and Worker’s Compensation Insurance
at the levels prescribed in the attached professional services contract over the
term of the contractual service agreement.
K. Contract Period: The contract period will be annual from date of award with
options to renew for 3 years.
L. No partnership/Business organization: Nothing in this RFP or in any subsequent
agreement, or any other contract entered into as a result of this RFP, shall
constitute, create, give rise to or otherwise be recognized as a partnership or
formal business organization of any kind between or among the City and
respondent.
M. Employment restriction and indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or
employee of the City. No rights of the City’s retirement or personnel rules
accrue to a respondent, its officers, employees, contractors, or consultants.
Respondents shall have the responsibility of all salaries, wages, bonuses,
retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes
and premiums appurtenant thereto concerning its officers, employees,
contractors, and consultants. Each respondent shall save and hold the City
harmless with respect to any and all claims for payment, compensation, salary,
wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation
other benefits and taxes and premiums in any way related to each respondent’s
officers, employees, contractors and consultants.
N. Accessibility. Upon reasonable notice, the City will provide assistance for those
persons with sensory impairments. For further information please contact the
ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-
2301.
O. Governing Law. This RFP and any disputes arising hereunder or under any future
agreement for the sale and purchase of shares, interests, or rights shall be
governed hereafter and construed and enforced in accordance with the laws of
the State of Montana, without reference to principles of choice or conflicts of
laws.
P. No conversations or agreements with any officer, employee, or agent of the City
shall affect or modify any term of this RFP. Oral communications or any
written/email communication between any person and the designated contact
City staff shall not be considered binding.
6. SCHEDULE FOR THE SELECTION PROCESS: The following is the anticipated schedule for the
consultant selection process.
ITEM DATE
City of Bozeman publication of RFP
Sunday, January 21, 2018
Sunday, January 28, 2018
Completed Proposals due to City
Must be received by City no later than
5PM, February 9, 2018
City review of Proposals and Selection Of
Short List of Contractors
TBD
City selects Most Qualified Contractor TBD
Complete contract negotiations with
selected Contractor
TBD
Submittal of Complete and Signed
Contract document by the selected
Contractor to the City.
TBD
City formal approval and signature of
Contract
TBD
Written Notice-To-Proceed (NTP) TBD
END OF REQUEST FOR PROPOSAL
Attachment A – Form of Professional Services Agreement
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 Exhibit “A” and by this
reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its
execution and will terminate on the _____ day of ______________, 201_.
3. Scope of Services: 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. 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 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 post a legible statement of all wages and fringe benefits to be paid to
the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees
shall be paid weekly). Such posting shall be made in a prominent and accessible location at
the Contractor’s normal place of business and shall be made no later than the first day of
services provided under this Agreement. Such posting shall be removed only upon
expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to
the employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as
such, term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor
shall use workers both skilled in their trade and specialized in their field of work for all work
to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe
benefits, and expenses including travel allowances as set forth in the current Montana
Prevailing Wage Rate for Non Construction Services in effective and applicable to Gallatin
County, Montana which schedule is incorporated herein. Contractor shall pay all hourly wage
employees on a weekly basis. Violation of the requirements set forth in the above State of
Montana schedule of prevailing wage rates may subject the Contractor to the penalties set
forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this
Agreement and for a period of three (3) years following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of
the services under this Agreement for which the contractor, subcontractor or employer is
responsible, is paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes
of any type arise or materialize which in turn cause any services to cease for any period of
time, Contractor specifically agrees to take immediate steps, at its own expense and without
expectation of reimbursement from City, to alleviate or resolve all such labor problems or
disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action. Contractor
shall provide immediate relief to the City so as to permit the services to continue at no
additional cost to City.
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 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; or (ii) any
negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
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:
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:
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 John Alston, Water & Sewer Superintendent, 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 to John Alston as 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 require these
nondiscrimination terms of its subcontractors 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: In the event it becomes necessary for either Party
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.
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.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this
Agreement run longer than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Attachment B
Underground Utilities Locating Services
City of Bozeman Public Works Department
Water, Sewer, Storm Locate totals Signals, Lights, Wellhead locate totals
Answers to Section 2.C.3 Questions:
Years of experience locating underground infrastructure
Number of chargeable damage expense claims within the last five years
Month FY'14 FY'15 FY'16 FY'17
July 93 133 170
Aug 71 141 158
Sept 57 160 128
Oct 90 137 142
Nov 68 92 134
Dec 37 38 52
Jan 17 38 41 60
Feb 36 48 79 81
March 54 103 125 125
April 110 112 166 173
May 106 122 168 226
June 94 135 220 195
FY
Totals 417 974 1500 1644
Month FY'14 FY'15 FY'16 FY'17
July 623 625 605 667
Aug 475 526 592 654
Sept 390 449 627 482
Oct 512 473 478 495
Nov 317 382 315 391
Dec 154 220 191 199
Jan 141 208 163 200
Feb 164 240 259 181
March 218 443 463 423
April 636 589 722 626
May 778 647 732 822
June 706 670 781 703
FY
Totals 5114 5472 5928 5843
Attachment C – Affirmation of Nondiscrimination
____________________________________(name of entity submitting) hereby affirms 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 and acknowledges
and understands the eventual contract will contain a provision prohibiting discrimination as
described above and this prohibition on discrimination shall apply to the hiring and treatments or
proposer’s employees and to all subcontracts.
______________________________________
Name and title of person authorized to sign on behalf of submitter