Loading...
HomeMy WebLinkAbout18- Professional Services Agreement - Summit Utility Services - Underground Utilities Locating Services R • stt�r��v•c8-rod t PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 6r day of AF0t j , 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, Summit Utility Services 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. 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 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, I 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 Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 1 of 10 li 1 I 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. In the event that, during the tern 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. Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 2 of 10 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 Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 3 of 10 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 coveralle and endorsements prior to the Contractor commencinjZ work. 8. Termination for Contractor's Fault: Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 4 of 10 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 Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 5 of 10 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 AssertinI4 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 Contactor 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 Operations 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 Troy Holzworth or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 6 of 10 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 Drua and Alcohol Regulations/Safety and Traininji: 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 Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 7 of 10 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, Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 8 of 10 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. Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 9 of 10 30. Extensions: this Agreement may, upon mutual agreement, be extended for additional one-year periods by written agreement of the Parties. In no case, however, may this Agreement run longer than 5 years from effective date. **** 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 SUMMIT UTILITY SERVICES B jLLJU1111-:� BY U/tUG+�LJ��nh PTA r� CA-� VMVV4C4- Print Name: Print Title: _ I�c l APPRO D O FORM: By Greg S ' an,Bozeman City Attorney Professional Services Agreement for Underground Utilities Locating Services FY 2017—FY 2020 Page 10 of 10 EXHIBIT A u mm February 7, 2018 Bozeman Public Works Department Robin Crough, City Clerk 1230 N Rouse Ave, Suite 202 Bozeman MT 59771 Re RFP Underground Utilities Locating Services Summit Utility Services, LLC, is pleased to submit our proposal to locate the utilities outlined in the above referenced proposal. Summit accepts the City of Bozeman's Standard Professional Services Agreement Terms and Conditions as provided in Attachment"A"of this RFP. Summit accepts all the of the provisions outlined in the Request for Proposal. The proposal included in this packet, along with a copy of the RFP, cover all items contained within the proposal. Sincerely, 4' Marvin Rehbein Owner Phone• (406)546-8759 PO Box 18159 Missoula, MT 59808 Fax• (406)721.6407 Equal Opportunity Employer Summit REQUEST FOR PROPOSAL City of Bozeman Public Works Department Underground Utilities Locating Services 1.0 COVER LETTER Enclosed with this proposal 2.0 CONTRACTOR'S DESCRIPTION OF SCOPE OF SERVICES Summit Utility Services, LLC is positioned operationally and financially to transition further into the City of Bozeman's territory. We acknowledge the locate volumes provided in the RFP for water, sewer,storm water, signals, luminaires, RRFBs, and wellheads. Summit will locate all these utilities using electronic locating when possible. We will also utilize any maps and field data provided by the City of Bozeman. Summit currently has 8 experienced locators in the Bozeman area,fully equipped with Summit owned vehicles, paint, flags, cell phones, locate equipment and laptops. Upon award,all new hire training and transition will be facilitated by our seasoned locators. In partnership with The City of Bozeman,we will develop a detailed training program to ensure success with this contract. We anticipate adding three locators to the area. Summit utilizes KorWeb One Call Ticket Management Software Suite to receive,assign, monitor, and close tickets.All electronic records will be maintained more than the required 7 years. KorWeb allows Summit utility to instantly receive tickets directly from both their Clients and One Call Centers across the US and Canada.The locators log in and utilize our mapping tools route their work in the most efficient manner. The locator will go to the first ticket request, read the dig instructions, view utility mapping software,conduct field observations and electronically locate,when possible, all buried utilities in the region. Once complete the locator will take photos of the marked utilities with a GPS enabled digital camera. The photos are time stamped and uploaded to the locate request in KorWeb. These photos can be accessed later if need for any damage investigation. Summit will be held liable for any locate requests on locatable facilities that are deemed accurate locates, per MCA 69.4.5. Through KorWeb,Summit's Admin team and field managers can continually monitor the operations,workflows,completion types, and completion times of their field personnel in real time. KorWeb's robust reporting and business analytics applications allow us to monitor and shape operations insuring that our clients continue to receive the highest level of service. 3.0 COMPANY DESCRIPTION Summit was formed in 2011 by Troy Holzworth and Marvin Rehbein.Troy has worked over 30 years in the utility industry and Marvin has owned and operated construction companies for over 50 years working throughout Montana,South Dakota and parts of Canada. Summit Utilities started our first contracts the spring of 2012, in Williston, ND for Nemont/Missouri Valley Communication and Sioux Valley Energy in South Dakota. Since then we have added 26 contracts throughout North Dakota, SW Minnesota, South Dakota, Montana and Idaho. In the spring of 2016 Summit was tasked with starting CenturyLink in North Dakota, Montana and Idaho with 2 weeks' notice. Idaho and Montana's annual ticket volumes are over 85,000 and North Dakota receives 75,000 locate requests annually. CenturyLink terminated their previous vendor in these regions when the vendor reneged on their commitment to work until July 1, 2016. Summit took this region and grew over 200%. We hired,trained and logistically procured locators, laptops, vehicles,throughout all regions and facilitated a transition that would have caused most organizations to fail. Our team added 90 employees from East Grand Forks, Minnesota to Boise, Idaho and Clarkston Washington. In 2017 there were 19,641 tickets in Bozeman and 7 pay damages. In 2016 there were 19,145 tickets and 8 pay damages. None of the Bozeman area locators involved in these damages are still employed. From 2012 to 2015 there were no pay damages in Bozeman. Our customers can speak to the level of quality that our team achieves outside of the Bozeman MT footprint. 4.0 KEY PERSONNEL Troy Holzworth, President/Principal,will facilitate the City of Bozeman transition, Troy spent 3 years of his career locating gas, electric and telephone facilities for One Call Locators in Bozeman, Montana in 1993-1996 and was personally responsible for the startups of all divisions within the state of Montana. Below are the Bozeman area employee qualifications. Adam Hallberg Bozeman Manager,Adam Hallberg, has been locating in the Bozeman, Montana area for the past 13 years. He is OQ'd in locating natural gas lines and has been qualified to do stand bys on gas transmission lines in the past. Adam has worked all over the state of Montana and Idaho. During his time in Bozeman he has been the area Manager. Along with working hand in hand with Northwestern Energy crews, he has worked with Mark Halle of NWE at finding some of the old unlocatable stubs in Bozeman. He has located most of the facilities at Montana State University along with Northwestern Energy electric lines, Century Link, Charter, Zayo,Xanterra Resorts, and others. Allen Schrader Allen has worked in the locating industry for 24 years, beginning in Bozeman, Montana in 1994. He has located facilities for many utility customers across the country from Phoenix,Arizona to Detroit Lakes, Minnesota. Allen is OQ'd in locating natural gas lines and has done so for the Northwestern Energy plant in most of Montana. He is qualified to do stand bys on gas transmission lines. Along with natural gas,he is proficient at locating electric lines, phone lines,cable TV lines and others. This includes locating the Montana State University facility like their steam lines,sewer lines,water lines,sprinkle lines,etc. Allen currently covers part of Bozeman along with the Livingston area. Some of the companies and plant that Allen has marked in the past: Charter(Spectrum), Northwestern Energy,Three Rivers Communication, Bozeman Fiber, Montana State(all utilities), Park Electric,Zayo, Century Link, and more. Jodi Houston Jodi has been locating since February of 2004, beginning in southern Utah. Her father was also a utility locator and trainer for Dixie Escalante Rural Electric in Utah. As a manager in Utah, she and her crew took on the Baja Cable TV contract with no experience locating for that utility and went the first-year damage free. Jodi has a knack for finding unlocatable gas lines when others cannot. She is OQ'd in locating natural gas lines and has been field tested for leak detection and passed. In 2013 she was field trained and approved by Tom Caddy and Joe Carmody of NWE on gas transmission crossings and right of way activity. She has been instrumental in implementing measures such as labeling all gas lines over 2"diameter with the size and orientation in Bozeman. Jodi currently covers all of Belgrade for Summit. Jess Bumgarner Jess has been a utility locator for the last 19 years. He is regarded by his peers and utility crews as one of the most efficient and accurate locators in Montana and surrounding states. He is OQ'd in locating natural gas lines and has been field tested and approved to do stand bys on gas transmission crossings and right of way activity. Along with locating natural gas lines, he has located water lines, sewer lines, sprinkler lines, phone lines, cable TV and electric. Jess works in east Bozeman, north Bozeman and southeast Bozeman. Kyle Hirschi Kyle has located underground utilities for six years. During his time in the utility locating industry he has served as a lead tech and supervisor. He is OQ'd in locating natural gas lines and is qualified to do stand bys on gas transmission lines. He has worked extensively with Northwestern Energy crews and has a great working relationship with them. For many years he has carried the Big Sky and West Yellowstone regions on his own and is specifically requested to do the locates for other contractors in that area. He currently covers West Yellowstone, Three Forks, and Manhattan area(Churchill,Amsterdam,etc.) DJ Johnson DJ has worked as a locator since March of 2012. He has marked Northwestern Energy lines, Three Rivers, Charter, Century Link and Bozeman Fiber. He currently covers south and southwest Bozeman along with Four Corners. Lynn Lavinder Lynn started locating in March of 2013 and has been a great asset to every crew she has worked with. Always willing to pick up the slack anywhere she has located in Big Timber, Big Sky, West Yellowstone, Churchill, Livingston, Gardiner, etc. She is operator qualified to mark NWE transmission lines and gas lines. She has marked Northwestern Energy,Zayo,Three Rivers, Century Link, Charter, Park Electric, and Bozeman Fiber. Rain Luttman Rain started locating in 2014. She has grown into one of our best locators, always conscientious and thorough, Rain has experience in marking Northwestern Energy gas lines,electric lines, Charter, and Century Link. In the summer of 2017 Rain worked on the Gallatin Gateway sewer project. She currently covers Gallatin Gateway,Gallatin Canyon and Four Corners. 5. REFERENCES 1.Ted Smith, Director of Operations, Sioux Valley Energy. Ted.smith .siouxvalleyenergy.con1,605-256-1608. Summit performs approximately 25,000 locate units per year in Eastern SD and Western MN. Contract start in April of 2012 and still under contract. 2. Scott Harkless, Operations Manager Golden West Communications, scottharkless()goldenwest.com ,605-745- 1331. Summit performs over 50,000 locate units per year across SD. Contract start March of 2014 and still under contract. 3.Aaron Arthur, VP Field Operations, Mid-Rivers Communications.Aaron Arthur Aaron.Arthur(c)-midrivers.coop,406- 234-7425. Summit performs approximately 2500 tickets per year in Eastern MT. Contract start June of 2014 and still under contract. 4. Eric Griffeth, Network Analyst CenturyLink, Eric.Griffeth(cDCenturyLink.com , 801-262-2005. Summit performs approximately 85,000 locate request in Montana for CTL. Contract start April of 2016 still under contract. 5. Kyle McCaslin, Local Manager Nemont. Kyle.mccaslin(a)nemont.coop 701-571-5111, Summit performs 5-10k locate units depending on Bakken production in Williston, ND region. Contract start February 2012 still under contract. 6. COSTS AND EXPENSES Item Description Unit Unit Price Cost per locate—Water EA $13.50 Cost per locate—Sewer EA $13.50 Cost per locate—Stormwater EA $10.00 Cost per locate—Signals EA $15.00 Cost per locate—Luminaires EA $10.00 Cost per locate—RRFB EA $10.00 Cost per locate—Wells EA $10.00 7. NON-DISCRIMINATION AFFIMATION FORM Enclosed with the proposal. PO Box 18159 Missoula MT 59808 p.406.546.8759 f.406.721.6407 Public VVorks Attachment B Underground Utilities Locating Services City of Bozeman Public Works Department Water, Sewer, Storm Locate totals Signals, Lights,Wellhead locate totals Month FY114 FY'15 FY'16 FY'17 Month FY'14 FY'15 FY'16 FY'17 July 623 625 605 667 July 93 133 170 Aug 475 526 592 654 Aug i1 141 158 Sept 390 449 627 482 Sept 57 160 128 Oct 512 473 478 495 Oct 90 137 142 Nov 317 382 315 391 Nov 68 92 134 Dec 154 220 191 199 Dec 37 38 52 Jan 141 208 163 200 Jan 17 38 41 60 Feb 164 240 259 181 Feb 36 48 79 81 March 218 443 463 423 March 54 103 125 125 April 636 589 722 626 April 110 112 166 173 May 778 647 732 822 May 106 122 168 226 June 706 670 781 703 June 94 135 220 195 FY FY Totals 5114 ?-2 5928 5843 Totals 417 0)7,F 1500 1644 Answers to Section 2.C.3 Questions: Years of experience locating underground infrastructure Number of chargeable damage expense claims within the last five years S��JCL elFJG•Z R E.A 7 r` -e-e =c r2 5 P.O. Box 1230 814 North Bozeman AvenUe / 1 ! Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. - - - = - - MY Public Works Attachment C e Affirmation of Nondiscrimination J01 Uzi 01, U�'-(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. Na a and title of person authorized to sign on behalf of submitter 0814 North Bozeman Avenue • • Box 1230 Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE.