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HomeMy WebLinkAbout18- RFP - Drought Tolerant Landscape and Irrigation Designs for City Medians Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 1 REQUEST FOR PROPOSALS DROUGHT TOLERANT LANDSCAPE AND IRRIGATION DESIGNS FOR CITY MEDIANS INTRODUCTION The City of Bozeman (COB) values outdoor water use efficiency and beautification of street median landscapes. Bozeman is a semi-arid and drought prone community. In its long-range water plan, the City calls for fifty percent of needed future water supplies to come from conservation. Conservation is the most expedient, cost effective, and environmentally friendly way to ensure a reliable water supply for Bozeman’s future. One-third of total annual water use in Bozeman goes into lawns and landscapes. In the summer, this amounts to half of all water used in the City. In order to become a more drought-resilient community, the COB encourages the installation of efficient irrigation systems and drought tolerant landscapes. The COB is seeking proposals from qualified and innovative landscape designers or landscape architects (hereafter, ‘designers’) to develop low maintenance landscape and irrigation designs featuring drought tolerant plants for City medians. These renovated median landscapes will conserve water and serve as community showpieces which demonstrate the beauty of drought tolerant landscapes. The COB will require the selected designer to sign and meet the terms of the attached Professional Services Agreement (PSA). Modification of standard terms and provisions of the agreement will not be considered. SCOPE OF SERVICES The scope of services for this project is outlined below. Additional tasks and work elements may be added during contract negotiations. It is also possible that tasks or elements could be removed through negotiations. 1. Create low maintenance landscape designs, irrigation designs and landscape maintenance plans for city-maintained medians, roundabouts, and traffic circles. This scope includes large medians, small medians, traffic circles and roundabouts which vary in size. See Attachment A for a full list of city-maintained medians and their respective areas. 2. Landscape designs must feature drought tolerant perennials and native grasses. Designs should include but not be limited to plants outlined in the City of Bozeman’s Water Smart Planting Guide (Attachment B). 3. Each landscape design must include a water efficient irrigation design to meet the plant water requirements of that specific landscape. Water efficient drip irrigation must be used in all designs. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 2 4. Landscape and irrigation designs should be innovative and must be created with the intent to minimize annual maintenance associated with the landscape. 5. Deliverables will include landscape and irrigation designs, technical specifications, and bid quantities for each median location listed in Attachment A Table 1. This is not a design-build project. The scope of this project includes design services only. Site visits may be needed. Other related services may be requested on an as needed basis. The list of medians in Attachment A is currently exhaustive. As new roads and medians are constructed, new medians may be added to this Scope of Services. Design budget is limited and may not allow for all medians listed in Attachment A to be addressed at one time. A task-order based PSA will be used, which provides flexibility needed to release scope of work on an as-needed or requested basis as budget is available. Median designs listed as number 1, 2, and 3 in Attachment A Table 1 must be completed within 5 weeks after the notice to proceed (NTP). PROPOSAL REQUIREMENTS Designers must submit one electronic copy of their proposal to agenda@bozeman.net by 5:00 pm on April 13, 2018, clearly marked “Proposal for Drought Tolerant Landscape and Irrigation Designs for City Medians”. The COB will not consider late proposals. Proposals shall include, at a minimum, the following items: 1. Name, email, company name (and website, if applicable), and phone number of project manager. 2. Statement of qualifications that includes designer’s professional credentials, experience, and overall qualifications in providing the Scope of Services stated in this Request for Proposals. Statement shall include the designer’s availability of staff to complete the work. 3. Three examples of projects which demonstrate qualifications for providing the Scope of Services stated in this Request for Proposals. 4. A list of any subconsultants proposed to be included in work outlined in the Scope of Services. Provide a description of the subconsultants previous work history. 5. Resumes for all individuals providing professional services related to work outlined in this Scope of Services. 6. Any current irrigation, landscape industry, or other professional certifications for the staff to be assigned to this work. 7. A completed and signed Non-Discrimination Affirmation Form (Attachment C). DESIGNER SELECTION A selection committee will choose, in its opinion, the most qualified and responsible designer to negotiate a task-order based Professional Services Agreement (Attachment D). The COB will evaluate proposals based on the designer’s overall qualifications and availability of staff to complete the work. The COB plans to execute a contract with the selected designer for a one (1) year term with an option for two (2) annual renewals thereafter, upon written agreement by both parties. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 3 If the City is unable to negotiate a satisfactory contract with the designer initially selected at a price the City determines to be fair and reasonable, negotiations with that designer will be formally terminated and the City will select another designer and continue until an agreement is reached or the process is terminated. QUESTION SUBMISSION AND COB CONTACT COB CONTACT: Direct administrative questions to the following COB contact: Robin Crough – City Clerk 406-582-2321 rcrough@bozeman.net Mailing address: PO Box 1230 Bozeman, MT 59771 – 1230 Physical Address: 121 N Rouse Ave Suite 202 Bozeman, MT 59715 Direct questions or requests for additional information about this RFP to the following COB contact: Jessica Ahlstrom – Water Conservation Specialist 406-582-2265 jahlstrom@bozeman.net Mailing address: PO Box 1230 Bozeman, MT 59771 -1230 Physical Address: 20 E. Olive St. Bozeman, MT 59715 All questions or requests for additional information about the RFP are due Monday April 9th at 12:00pm. All answers to questions received will be posted on Tuesday April 10th by 5:00pm. NON-DISCRIMINATION POLICY: Discrimination in the performance of any contract awarded under this request for proposal based on 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. Every entity submitting under this request for proposals must sign and return the attached affirmation statement with their bound response to this request for proposals. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 4 ATTACHMENT A: MEDIAN OVERVIEW AND DETAIL Table 1: Median Overview Location Number of medians Median Area (ft2) Total for ALL medians 1 N 27th Avenue from Baxter Ln to Tschache Ln 3 14,752 2 N 27th Avenue from Tschache Ln to Oak St 4 N/A (TBD – total area is similar to Location #1) 3 Oak Street from Davis Ave to Ferguson Ave 4 N/A (TBD – total area is similar to Location #10) 4 Valley Center Avenue from N 19th Ave to N 27th Ave 5 28,619 (landscape should be designed to withstand snow storage) 5 S 27th Avenue from Blackwood Rd to Kurk Dr 3 9,765 6 Fowler Avenue from W Garfield St to Technology Blvd 1 2,035 7 N Cottonwood Road from Fallon St to W Babcock St 2 23,370 8 Kagy Boulevard from Willson Ave to 7th Ave 1 6,439 9 N. 19th Avenue from W Beall St to Durston Ave 1 13,479 10 Oak Street from N 25th Ave to New Holland Dr 5 55,426 12 N Laurel Glen Parkway from Saxon Way to W Oak St 1 3,325 13 Catron St and Blackbird Dr traffic circle 1 998 14 Baxter and Ferguson roundabout 1 1,545 15 Oak and Davis roundabout 1 N/A (TBD - new expansion) 16 Graf roundabouts (near 11th Ave) 2 N/A (TBD – new expansion) All areas are approximate and were found using satellite imagery and GIS technology Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 5 Table 2: Median Detail Location Median Area (ft2)*Water Source N 27th Avenue from Baxter Ln to Tschache Ln 5,037 None currently. Planned for well irrigation. N 27th Avenue from Baxter Ln to Tschache Ln 4,369 None currently. Planned for well irrigation. N 27th Avenue from Baxter Ln to Tschache Ln 5,346 None currently. Planned for well irrigation. N 27th Avenue from Tschache Ln to Oak St N/A (see Table 1 for estimated total area of this location None currently. Planned for well irrigation. N 27th Avenue from Tschache Ln to Oak St N/A (see Table 1 for estimated total area of this location None currently. Planned for well irrigation. N 27th Avenue from Tschache Ln to Oak St N/A (see Table 1 for estimated total area of this location None currently. Planned for well irrigation. N 27th Avenue from Tschache Ln to Oak St N/A (see Table 1 for estimated total area of this location None currently. Planned for well irrigation. Oak Street from Davis Ave to Ferguson Ave N/A (see Table 1 for estimated total area of this location Well irrigation (existing) Oak Street from Davis Ave to Ferguson Ave N/A (see Table 1 for estimated total area of this location Well irrigation (existing) Oak Street from Davis Ave to Ferguson Ave N/A (see Table 1 for estimated total area of this location Well irrigation (existing) Oak Street from Davis Ave to Ferguson Ave N/A (see Table 1 for estimated total area of this location Well irrigation (existing) Valley Center Avenue from N 19th Ave to N 27th Ave 7,118 City water irrigation (existing) Valley Center Avenue from N 19th Ave to N 27th Ave 3,743 City water irrigation (existing) Valley Center Avenue from N 19th Ave to N 27th Ave 6,218 City water irrigation (existing) Valley Center Avenue from N 19th Ave to N 27th Ave 6,118 City water irrigation (existing) Valley Center Avenue from N 19th Ave to N 27th Ave 5,422 City water irrigation (existing) S 27th Avenue from Blackwood Rd to Kurk Dr 3,550 None currently. Planned for well irrigation. S 27th Avenue from Blackwood Rd to Kurk Dr 3,865 None currently. Planned for well irrigation. S 27th Avenue from Blackwood Rd to Kurk Dr 2,350 Well irrigation (existing) Fowler Avenue from W Garfield St to Technology Blvd 2,035 None currently. Planned for well irrigation. N Cottonwood Road from Fallon St to W Babcock St 22,609 Well irrigation (existing) N Cottonwood Road from Fallon St to W Babcock St 761 Well irrigation (existing) Kagy Boulevard from Willson Ave to 7th Ave 6,439 None currently. Planned for well irrigation. N. 19th Avenue from W Beall St to Durston Ave 13,479 None currently. Planned for well irrigation. Oak Street from N 25th Ave to New Holland Dr 9,825 Well irrigation (existing) Oak Street from N 25th Ave to New Holland Dr 15,057 Well irrigation (existing) Oak Street from N 25th Ave to New Holland Dr 14,652 Well irrigation (existing) Oak Street from N 25th Ave to New Holland Dr 13,229 Well irrigation (existing) Oak Street from N 25th Ave to New Holland Dr 2,663 Well irrigation (existing) N Laurel Glen Parkway from Saxon Way to W Oak St 3,325 None currently. Planned for well irrigation. Catron St and Blackbird Dr traffic circle 998 None currently. Planned for well irrigation. Baxter and Ferguson roundabout 1,545 None currently. Planned for well irrigation. Oak and Davis roundabout N/A None currently. Planned for well irrigation. *All areas were found using satellite imagry and GIS technology. Areas are approximate. Assume irrigation mainline is stubbed in to all medians for the purposes of this RFP. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 6 ATTACHMENT B: WATER SMART PLANTNG GUIDE PLANT LIST Shrubs Common Name Scientific Name Kinnickinnick* Arctostaphylos uva-ursi Sagebrush, Big* Artemisia tridentata Oregon Grape* Berberis repens Caragana, Siberian Caragana arborescens Caragana Pygmy Caragana pygmaea Rabbitbrush, Silver* Chrysothamnus nauseosus Rabbitbrush, Dwarf Blue Chrysothamnus nauseosus nana Rabbit Brush Green* Chrysothamnus viscidiflorus Juniper Low Spreading* Juniperus horizontalis Juniper Common* Juniperus communis Potentilla* Potentilla fruticosa Sandcherry, Western Prunus bessyi Chokecherry Prunus virginiana Sumac 'Grow Low' Rhus aromatica Sumac Trilobe* Rhus trilobata Golden Currant* Ribes aureum Rose Harison's Yellow Rosa harisonii Buffaloberry, Silver* Sheperdia argentea Yucca, Great Plains* Yucca glauca Kinnickinnick* Arctostaphylos uva-ursi Oregon Grape* Berberis repens Juniper Common* Juniperus communis Chokecherry* Prunus virginiana Sumac 'Grow Low' Rhus aromatica Golden Currant* Ribes aureum Lilacs Syringa vulgaris Serviceberry, Western* Amelanchier alnifolia Fernbush Chamaebatiaria millefolium Daphne 'Carol Daphne' Daphne x burkwoodii Apache Plume Fallugia paradoxa Mockorange, Lewis 'Blizzard'* Philadelphus lewisii Currant Greenmound Ribes alpinum Spirea Birchleaf 'Tor'* Spiraea betulifolia Lilacs Syringa species Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 7 Perennials Common Name Scientific Name Yarrow, Moonshine Achillea hybrid Hollyhocks Alcea hybrids Pearly Everlasting* Anaphalis margaritacea Purple Coneflower* Echinacea pallid and angustifolia Buckwheat Sulfur* Eriogonum umbellatum Blanketflower Gaillardia aristata Iris, Bearded Iris hybrids Gayfeather, Dotted* Liatris punctata Penstemon* native Penstemon species Penstemon Rocky Mountain Penstemon strictus Peony, Old Fashioned Paeonia hybrids Russian Sage Perovskia atriplicifolia Sedum: hardy cultivars Sedum species Snow on the Mountain Aegopodium podagraria Pussytoes* Antennaria species Columbine, Yellow Aquilegia chrysantha Columbine, Colorado Blue* Aquilegia coerulea Barrenwort Epimedium x versicolor 'sulphureum' Roundleaf Alumroot* Heuchera cylindrica Penstemon Little Flowered* Penstemon procerus Violet, Canadian* Viola canadensis Butterflyweed* Asclepias tuberosa Alyssum 'Basket of Gold' Aurina saxatilis Purple Coneflower Echinacea purpurea Lewis Flax Linum lewisii Catmint Nepeta faassenii Evening Primrose Oenothera missouriensis Penstemon Pineleaf Penstemon pinifolius Meadow Sage Salvia nemorosa Soapwort 'Max Frei' Saponaria lempergii Pasqueflower* Anemone patens Heartleaf Bergenia Bergenia cordifolia Harebells* Campanula rotundifolia Geranium Geranium cantabrigiense Geranium White Geranium macrorrhizum album Coral Bells 'Snow Angel' Heuchera sanguinea Lamium 'Hermans Pride' Lamium galeobdolon Turkish Veronica Veronica liwanesis Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 8 Grasses Common Name Scientific Name Side Oats Grama Bouteloua curtipendula Blue Grama Bouteloua gracilis Idaho Fescue* Festuca idahoensis Prarie Junegrass Koeleria macrantha Indian Ricegrass Oryzopsis hymenoides Bluebunch Wheatgrass* Pseudoroegneria spicata Little Bluestem* Schizachyrum scoparium Prairie Dropseed* Sprobolus heterolepsis Korean Feather Reedgrass Calamagrostis brachytricha Feather Reedgrass Calamagrostis x acutiflora Tufted Hairgrass* Deschampsia caespitosa Blue Fescue Festuca glauca Blue Oat Grass Helictotrichon sempervirens Moor Grass Moorflame Molina caerulea Moor Grass Skyracer Molina cerulean sp arundinacea Switchgrass* Panacum virgatum Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 9 ATTACHMENT C: NON-DISCRIMINATION AFFIRMATION FORM [name of entity proposing] 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 in the performance of work performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the [name of entity proposing] employees and to all subcontracts it enters into in the performance of the agreement with the City of Bozeman. Signature of Proposer: Person authorized to sign on behalf of the proposer Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 10 ATTACHMENT D: PROFESSIONAL SERVICE S AGREEMENT PROFESSIONAL SERVICES MASTER TASK ORDER 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, Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 11 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. 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. 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 Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 12 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 Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 13 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. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 14 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 Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 15 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 _________________ (insert job title) 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 ________________ 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. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 16 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. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 17 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. Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 18 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 **** 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__________________________________ Dennis Taylor, Interim City Manager Print Name: Print Title: ____________________________ Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 19 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Proposals for Drought Tolerant Landscape and Irrigation Designs for City Medians Page | 20 Exhibit A to Professional Services Agreement TASK ORDER NUMBER Issued under the authority of Professional Services Agreement between the City of Bozeman and [INSERT CONTRACTOR NAME] for: [insert contract title/purpose] This Task Order is dated , 20 between City of Bozeman (City) and [INSERT CONTRACTOR NAME] (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Contractor: SCOPE OF WORK: (attach additional sheet(s) as required) (insert scope or reference EXHIBIT A – Scope of Services) (scope may include a schedule for deliverables) COMPENSATION: Contractor shall be reimbursed on a (Time & Materials, Lump Sum, Percent of Completion, etc.) basis. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman Contractor By: By: Title: Title: Date: Date: Fed. ID. No.