HomeMy WebLinkAbout19- RFP - Solid Waste Rate Study
RFP: SOLIDWASTE RATE STUDY 1
Request for Proposals
PROFESSIONAL SERVICES TO CONDUCT
Solid Waste Rate Study
Proposals must be received no later than:
Friday, February 15, 2019 at 5:00 pm MST
Deliver hard copies of the proposal to:
Robin Crough, City Clerk
PO Box 1230
121 North Rouse Ave, Suite 200
Bozeman, MT 59771
RFP: SOLIDWASTE RATE STUDY 2
NOTICE IS HEREBY given that the City of Bozeman (“City”) is requesting proposals from qualified consultants to develop a Solid Waste Rate Study. All proposals must be in the format specified, enclosed in a sealed envelope and clearly
identified with RFP title, company name and due date and transmitted via hard copy. Deliver proposals to the City Clerk by Friday, February 15, 2019 at 5:00 p.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.
The physical address is:
City Clerk’s Office, Suite 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman,
Montana.
The mailing address is:
City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771
(USPS only, if using a shipping company please send to the physical address)
NONDISCRIMINATION
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 Kristin Donald, Finance Director, 406-582-2318, kdonald@bozeman.net. DATED at Bozeman, Montana, this 16th day of January, 2019.
Robin Crough
RFP: SOLIDWASTE RATE STUDY 3
City Clerk For publication on:
Sunday, January 20, 2019 Sunday, February 3, 2019
RFP: SOLIDWASTE RATE STUDY 4
Request for Proposals
Solid Waste Rate Study
The City of Bozeman, Montana is soliciting proposals to develop a Solid Waste Rate Study for its Solid Waste operations. It is expected that the selection may be made and work may commence by the beginning of March, 2019. Hard copy proposals should be delivered to the City Clerk at:
The physical address is:
City Clerk’s Office, Suite 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
The mailing address is:
City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771 (USPS only, if using a
shipping company please send to the physical address)
Deadline for submission is no later than 5:00 p.m., Friday, February 15, 2019. Please direct your questions regarding this RFP in writing to Kristin Donald, at kdonald@bozeman.net. Administrative questions regarding proposal submission procedures should be directed to Robin
Crough, City Clerk, 406-582-2321 or agenda@bozeman.net. Proposals will not be accepted after the date and time designated above. It is the sole responsibility of the proposer to see that his/her proposal is delivered and received by the deadline. Any proposal received after said designated date and time will not be accepted and will be returned to the proposer unopened. 1) BACKGROUND
The City, a municipal corporation of the State of Montana, provides trash and recycling services to the residents of Bozeman, Montana. The City’s most recent independent review of its costs of service and rates was completed in July 2012. Since that time, the City has made significant
strides in technology and has expanded both its trash and recycling customer base. All of these changes lead to the need for an updated cost of service study and continued improvement and recommendations to the rate structure. 2) SCOPE OF WORK The purpose of the Study is to conduct a comprehensive financial rate analysis for all solid waste operations. The study should include a five-year financial projection based on an evaluation of the key cost centers associated with each program and the cost recovery methodology selected for each service. The study should provide the City with detailed understanding of the current costs of providing solid waste services, which includes trash and recycling services, and a projection for the next five years.
RFP: SOLIDWASTE RATE STUDY 5
a) Rate Design Study to Include: i) Analyze and discuss impact of existing and future capital improvements ii) Assess revenue needs for the five-year planning period, to include adequate
coverage for operations and maintenance, capital projects and program activities and debt service. iii) Analyze existing rate and fee structure and recommend alternatives based on
findings. iv) Evaluate existing rate structure with regard to changing patterns of growth in customer base, annual revenues from rates, and other impacts. v) Examine adequacy of reserves for operating revenues and capital projects to determine sufficient levels to offset competition for services. b) Reporting: The selected consultant must present the findings and conclusions of the tasks in the rate study final report in a clear and concise manner. The report must include detailed recommendations for changes, if any, to current practices and/or procedures. The selected consultant must also provide a schedule for timely and coordinated execution of all essential aspects of the report. A written report supporting the recommendations is required and presentation to management. A summary presentation to the Bozeman City Commission is also required during a regularly scheduled public meeting. Material to support City rate hearings must be
included. i) Assist with Plan Implementation: If requested, the selected consultant must be prepared to assist the City in implementing any new or revised rate schedules, to
include attendance at several anticipated rate hearings. 3) COMPLETION EXPECTATIONS
The City desires the Rate Study to be completed no later than May 20, 2019. The over-arching goal is to have the project fully completed and adopted in order to update the City’s Rate schedules in June/July 2019. 4) PROPOSAL FORMAT AND CONTENT
Please review this RFP carefully to ensure your understanding of all City requirements prior to developing your proposal. Proposals must clearly reflect an understanding of, and agreement with, the stated requirements. Submission of a proposal indicates acceptance of the conditions contained in the RFP unless clearly indicated otherwise. Prepare and submit the following in a brief, narrative format or other stated format (in the order noted): 1. Basic Information
Provide the following information:
• Contact person name, firm name, address, telephone number, fax number,
and email address, and profile of the firm including number of employees and their locations; and
• Sub-consultant(s)’ name(s) and contact information, if any
• .
2. Firm Experience
RFP: SOLIDWASTE RATE STUDY 6
Provide the following information, with a particular emphasis on experience that relates to capital plans, cost of services studies, rate studies, on-call professional services, and related functions:
• Provide a narrative description of the company and why it is best-qualified to provide the desired services;
• Describe the general experience and specialties of the company;
• Identify specific experience with capital plan preparation, rate studies, and on-call professional services; and
• Identify other public utility, municipal and co-op clients, including Montana-
based municipal clients 3. Proposed Team Provide the following information:
• Identify names and positions of key personnel anticipated to work on each Schedule of Work. Identify tasks assigned to each individual and percentage of time individual is intended to serve on the project. This requirement also applies to sub-consultants.
• Provide a resume, including education and experience, for key team members. Include summary of work on similar projects, approximate dates, and individual’s responsibility in the assignment. This requirement also applies to sub-consultants. 4. References
• List 3-5 project references, including contact names and telephone numbers for projects of comparable size and scope performed by the key personnel listed above. To the extent any references for individual employees of either the proposer or the proposer’s sub-consultant(s) are different from those noted in the previous section, they should also be provided.
• Provide a current client list including jurisdiction name, contact name, and telephone number, and length of engagement.
• Provide an example of a recently completed rate study. 5. Work Summary
Provide a narrative description summarizing the expected tasks and activities, with a description of the analysis, reports and participation, which the proposer expects to provide pertaining to that activity. This would include a summary of the steps to be
completed to accomplish the scope of work, approaches to the project, and your firm’s understanding of the project requirements. 6. Work Plan and Project Schedule Submit a work plan upon which the estimate for the total contract price should be based. This should demonstrate an understanding of the issues and subjects which will be
addressed and provide City staff and the selected consultant a written document to refer to throughout the project. The project schedule must include the estimated time required to complete each step in the scope of work, including estimated start and completion dates. The number of hours allocated to each individual by each task should be indicated with a project schedule type display showing each activity in the proposed work plan.
RFP: SOLIDWASTE RATE STUDY 7
The plan must include an appropriate number of kick-off and regular meetings, information gathering and disseminating sessions, and updates with key City personnel to understand and discuss the City’s issues and concerns, become acquainted with key
staff, and identify persons who will provide data. Ensure a sufficient number of meetings with City staff to provide staff with preliminary
findings and strategies based upon the available data. This shall include conducting “reality checks” with staff and feedback regarding the projects, phasing, intentions, rate suggestions, revenue sources, and the like that would be acceptable to City staff and
elected officials. Consultant shall meet with City staff to identify potential changes to projects and/or phasing of projects, to present findings, to demonstrate the effect(s) of various scenarios on the comprehensive plan and rate structures, and to obtain a consensus on the scenario(s) to present to the Bozeman City Commission. 7. City-Furnished Documentation
The City will assist with data collection for each Schedule whenever possible. Appropriate City staff will be made available for interviews and to gather data the selected consultant determines is essential to complete the cost of service analysis, rate
study models, and final reports. Proposals must be clear in addressing what the City will be expected to assist with. Therefore, provide a description of required documentation and estimated time and effort required by City staff to assist in the preparation of the
work plan and study. 5) SELECTION PROCESS
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered. The
review committee will rank the proposals and may arrange interviews with the finalist(s) prior to
selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City. The selection of interview candidates will be based on an evaluation of the written responses to the RFP. 6) ANTICIPATED PROFESSIONAL SERVICES AGREEMENT Attached is the anticipated Professional Services Agreement that the City will seek to enter into upon successful selection and negotiation with a vendor. If there are any objections to the
terms contained in the agreement, those objections must be noted and submitted with your Proposal packet. All vendors responding with a proposal should be prepared to execute the anticipated Professional Services Agreement.
7) RESERVATION OF RIGHTS; LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and
public records and, as such, may be subject to public review.
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
RFP: SOLIDWASTE RATE STUDY 8
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.
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.
The City of Bozeman reserves the right to determine the best qualified consultant and
negotiate a final scope of service and cost, negotiate a contract with another consultant if an
agreement cannot be reached with the first selected consultant, or reject all proposals. The
professional services contract between the City of Bozeman and the successful consultant will
incorporate the consultant’s scope of service and work schedule as part of the agreement (see
Attachment 2 for form of professional services agreement).
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 proposer, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever
regarding any aspect of this RFP.
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 proposers who submitted proposals will be notified using
email.
This project is subject to the availability of funds.
8) CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 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. 9) 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 proposer. 10) EMPLOYMENT RESTRICTION AND INDEMNITY No person who is an owner, officer, employee, contractor, or consultant of a proposer shall be
an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a proposer, its officers, employees, contractors, or consultants. Proposers 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 proposer 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,
RFP: SOLIDWASTE RATE STUDY 9
unemployment compensation other benefits and taxes and premiums in any way related to each proposer’s officers, employees, contractors and consultants. 11) 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. 12) 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.
13) MISCELLANEOUS 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.
RFP: SOLIDWASTE RATE STUDY 10
Statement of Non-discrimination – Attachment 1
____________________________________(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
RFP: SOLIDWASTE RATE STUDY 11
FORM OF PROFESSIONAL SERVICES AGREEMENT – Attachment 2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 201__,
by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to
as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this
reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
[and will terminate on the _____ day of ______________, 201_].
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. 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
RFP: SOLIDWASTE RATE STUDY 12
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 indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
RFP: SOLIDWASTE RATE STUDY 13
misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor’s agents; or (iii) the negligent, reckless, or intentional misconduct of any other third
party.
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
RFP: SOLIDWASTE RATE STUDY 14
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; $2,000,000
annual aggregate; 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.
RFP: SOLIDWASTE RATE STUDY 15
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:
RFP: SOLIDWASTE RATE STUDY 16
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 _________________ 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
James Goehrung 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.
RFP: SOLIDWASTE RATE STUDY 17
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 sub-Contractors providing services under this
agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
RFP: SOLIDWASTE RATE STUDY 18
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
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.
RFP: SOLIDWASTE RATE STUDY 19
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 SIGNATURE PAGE]